IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 29399 of 2010(Y) --------------------------------------- PETITIONERS: --------------------- 1. GOPALAKRISHNAN P.V, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, KANNUR-670 001. 2. SANDOSHKUMAR. M, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,KANNUR-670 001. 3. PRAKASHAN KUNHUMBUDUKA,FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, KANNUR-670 001. BY ADV. SRI.KALEESWARAM RAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER, IDUKKI- 685 001. 4. THE DISTRICT MEDICAL OFFICER, KANNUR-670 001. 5. THE BIOLOGIST, DISTRICT VECTOR CONTROL UNIT, KANNUR- 670 001. 6. THE DISTRICT MEDICAL OFFICER, KANTHALLOOR-685 620. 7. THE DISTRICT MEDICAL OFFICER, MARAYOOR-685 620. W.P.(C). NO.29399/2010-Y: 8. THE STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, STATE ELECTION COMMISSION, THIRUVANANTHAPURAM-695 001. R1 TO R7 BY GOVT. PLEADER SRI. ANTONY MUKKATH, R8 BY SRI. MURALI PURUSHOTHAMAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29399 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2010 J U D G M E N T The petitioners are Field Workers promoted as Junior Health Inspector Grade-II in the Health Services Department of the Government of Kerala. Ext.P2 is the order of promotion. Ext.P2 is in respect of 12 persons. Out of the same 7 have already been relieved and permitted to join duty in the promoted post. The petitioners have not been permitted to do so. The reason for refusal to relieve the petitioners is that, it is as per the direction of the Election Commission in view of the impending election to the local bodies. According to the petitioners, the promotion order was issued well before the date of the direction insofar as Ext.P2 is dated 30.08.2010. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: W.P.(C)No. 29399 of 2010 -2- “i) to issue a writ of mandamus directing the respondents 4 and 5 to relieve the petitioners for the purpose of enabling the petitioners to join the promoted post of Junior Health Inspector Gr.II in Idukki district; ii) to issue a writ of mandamus directing the respondents t6 and 7 to permit the petitioners to join duty as Junior Health Inspector Gr.II in the respective P.H.C.s under the said respondents.” 2. The learned standing counsel for the Election Commission submits that, in respect of paramedical staff, which the petitioners are, the Election Commission does not require their services for any election duties and therefore there cannot be any objection from the Election Commission for relieving the petitioners to take up the promoted post. 3. I have heard the learned Government Pleader also. In view of the submission made by the learned standing counsel for the Election Commission, I do not think that, there can be any objection in relieving the petitioners to take up the promoted post in accordance with Ext.P2 order. Accordingly respondents 4 & 5 are directed to relieve the petitioners from the post of Field Workers and the respondents 6 & 7 are directed to permit the petitioners to join duty as Junior Health Inspector Grade-II as per W.P.(C)No. 29399 of 2010 -3- Ext.P2 order. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is allowed as above. S. SIRI JAGAN JUDGE shg/