IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 24959 of 2009(L) -------------------------- PETITIONER(S): --------------- MRS.P.D.JAYA, W/O.P.K.RAVEENDRAN, MEDICAL RECORD SUPERINTENDENT, CALICUT MEDICAL COLLEGE, CALICUT. BY ADV. SRI.PREMJIT NAGENDRAN SMT.K.B.SUBHAGAMANI RESPONDENT(S): --------------- 1. THE DIRECTOR OF MEDICAL EDUCATION, KERALA STATE, THIRUVANANTHAPURAM - 695 011. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3. L.VIJAYAKUMARI, MEDICAL RECORD LIBRARIAN GRADE I, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM - 695 001. ADV. SRI.T.R.RAVI FOR R3 GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24959/2009 APPENDIX PETITIONER'S EXHIBITS: P1: Photostat copy of the judgment in O.P.No.29744/2000-N dated 28.6.2002 issued by this Honourable High Court. P2: Photostat copy of the judgment in W.A.No.2328/2002 dated 5.9.2005 issued by this Honourable High Court. P3: Photostat copy of the Order No.E2/10616/2006/DME dated 26.05.2007 issued by Senior Administrative Officer, Trivandrum. P4: Photostat copy of the Order No.G.O.(Rt).No.4264/2007/H & FWD Dated 19.12.2007 issued by the Additional Secretary, Trivandrum. P5(a):Photostat copy of the Order No.E2-7044/2008/DME dated 31.3.2008 issued by the Director, Medical Education , Trivandrum. P5(b):Photostat copy of the Order No.E2-7044/2008/DME dated 31.3.2008 issued by the Director, Medical Education , Trivandrum. P6: Photostat copy of the judgment in Writ Petition (c) No. 21950 of 2007 dated 5th June 2009 issued by this Honourable High Court. P7: Photostat copy of the judgment in Writ Petition (c) No.13334 of 2008 dated 22nd May 2008 issued by this Honourable High Court. P8: Photostat copy of the Order No.E2/24515/DME dated 23.10.2008 issued by the first respondent. P9: Photostat copy of the Order No.39487/B2/2008/H & FWD dated 22.7.2009 issued by the second respondent. P10: Photostat copy of the Minutes of the Departmental Committee held on 18.7.2007. P11: Photostat copy of the Letter addressed by the Director of Medical Education dated 27.10.2009 submitted by the petitioner. P12: Photostat copy of the Medical Certificate issued by Doctor Jacob Mathew, Medical College Hospital, Kozhikode, dated 19.10.2009. P13: Photostat copy of the Notice No.E2/23078/2009/DME dated 26.10.2009 issued by the first respondent. RESPONDENTS' EXHIBITS: Nil C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.24959 OF 2009 -------------------------------------------- Dated this the 27th day of July, 2010 JUDGMENT The petitioner, who is working as Medical Record Superintendent in Calicut Medial College filed this Writ Petition challenging Ext.P9 order. As per the same, the third respondent was found eligible to be promoted to the post of Medical Record Superintendent and the petitioner was held liable to be reverted, by the second respondent. When this matter was taken up today, the learned counsel appearing for the petitioner submitted that this Writ Petition could be disposed of taking into account the subsequent developments. During the pendency of this Writ Petition, the first respondent took a decision to convene a review Departmental Promotion Committee as per order No.E2/23078/2009/DME dated 5.1.2010. Evidently, the said proceedings was issued pursuant to the request of the third respondent herein. It would reveal the decision to place the matter before the next Departmental Promotion Committee for consideration. It would further show that the said decision was taken pursuant to the order dated 29.9.2009 of this Court in this Writ Petition. The learned counsel for the petitioner furnished a copy of the said order for W.P.(C) NO.24959/2009 2 perusal. Accordingly, this Writ Petition is disposed of with a direction to the first respondent to place the claims of the petitioner as also the third respondent for promotion to the post of Medical Record Superintendent before the next D.P.C for consideration along with all relevant records. Needless to say that the question of reversion of the petitioner would depend upon the decision taken by the review D.P.C. It is made clear that if the date of the next D.P.C has not already been fixed, the respondent shall take urgent steps for convening the D.P.C. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.24959/2009 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.24959/2009 4