IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36409 of 2008(H) -------------------------- PETITIONER: --------------- P.P.BALAN, S/O.CHIRUKANDAN, AGED 54 YEARS,WORKING AS NURSING SUPERINTENDENT GRADE-II COMMUNITY HEALTH CENTRE, PANOOR, RESIDING AT RAJALAKSHMI HOUSE, P.O.PERUMTHATTIL,670107, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 36409 of 2008 ----------------------------- Dated this 17th day of December, 2008 JUDGMENT Heard Sri.R.Surendran, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Nursing Superintendent Grade II in the Health and Family Welfare Department. He submits that though 14 vacancies of Nursing Superintendent Grade I exist in the department, only 13 vacancies were reported by the Director of Health Services and that the said vacancies were filled up by temporarily promoting 13 of his seniors by Ext.P3 Government order dated 28-11-2008. He further submits that he is the next person eligible to be promoted to the category of Nursing Superintendent Grade I and that besides the vacancies that existed as on the date on which Ext.P3 order was passed, 37 retirement vacancies have also arisen on 1-12- 2008. The petitioner has in Ext.P5 representation submitted to the Director of Health Services pointed out these facts and requested him to consider his case for promotion. In this writ petition, the petitioner inter alia prays for a direction to the respondents to promote him to the category of Nursing Superintend Grade I. wpc:36409 of 2008 2 3. Ext.P3 discloses that 13 Grade II Nursing Superintendents were promoted temporarily under Rule 31(a)(i) of Part II of the Kerala State and Subordinate and Services Rules to the category of Nursing Superintendent Grade I. The petitioner claims that he is the next eligible person entitled to be promoted and that vacancies also exist. Whether the claim made by the petitioner is tenable and whether vacancies exist against which he can be temporarily promoted are all matters for the respondents to decide at least in the first instance. In these circumstances, I dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P5 representation and take a decision thereon within one month from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE bps