IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 29846 of 2009(A) -------------------------- PETITIONER(S): --------------- K.M.ANIL KUMAR, S/O.K.K.MADHAVAN, AGED 40 YEARS, U.D.CLERK, PRIMARY HEALTH CENTRE, KUMARAKOM, KOTTAYAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KUMARAKOM, KOTTAYAM DISTRICT. 5. THE PRINCIPAL, MEDICAL COLLEGE, GANDHI NAGAR, KOTTAYAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.29846 of 2009 -------------------------- Dated, this the 25th day of November, 2009 J U D G M E N T By Exts.P1 to P3, the petitioner who is working as a Lower Division Clerk in the Health Services opted for the Medical Education Service. That was accepted, and subsequently by Ext.P4 he was posted at Medical College, Kottayam. However, he is not relieved to join the transferred post at the Medical College, Kottayam for the reason that in the meanwhile, he was promoted as Upper Division Clerk. It is in these circumstances, this writ petition is filed. 2. The learned counsel for the petitioner submits that the petitioner is willing to forgo the promotion inorder to get the benefit of Ext.P4 order posting him at Medical College Hospital, Kottayam. 3. If as a matter of fact, he is willing to forgo the promotion as stated by the learned counsel, there is no reason why the matter need not be considered by the 2nd respondent. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to make a representation to the 2nd WP(C) No.29846/2009 -2- respondent expressing his unconditional willingness to forgo his promotion ordered by Ext.P5, and requesting to relieve from the present station to join at the Medical College Hospital, Kottayam. It is directed that if such a request is made, needful shall be done by the 2nd respondent in this regard as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg