IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20141 of 2011(P) ---------------------------------- PETITIONER(S): -------------------- 1. P.K.SHIBU, SON OF KRISHNA PILLAI, AGED 32 YEARS, RESIDING AT PUTHIYAPARAMBIL HOUSE, KOLAPRA, KUDAYATHOOR P.O., THODUPUZHA, IDUKKI, WORKING AS PEON, DISTRICT MEDICAL OFFICE, IDUKKI. 2. SMITHA VIJAYAN, D/O.K.D.VIJAYAN, AGED 30 YEARS, RESIDING AT KAITHAVALAPPIL, VMC 25. VAIKOM P.O., KOTTAYAM, WORKING AS PEON, PRIMARY HEALTH CENTRE, THALAYOLAPARAMBU. 3. RAFEEK, SON OF KUNHI MOHAMMED, AGED 29 YEARS, RESIDING AT KAPPOOR HOUSE, ADHIKARITHODI, MELMURI P.O., MALAPPURAM, WORKING AS PEON, PRIMARY HEALTH CENTRE, IRINGALLOOR. 4. ELSAMMA.U.P., WIFE OF E.C.MATHEW, AGED 45 YEARS, RESIDING AT GRACE VILLA, THODUPUZHA EAST P.O., IDUKKI, WORKING AS FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, IDUKKI, THODUPUZHA. 5. SREEKUMAR.S, SON OF SAHADEVAN NAIR, AGED 34 YEARS, RESIDING AT ITTIYARAVILAKATHUPUTHEN VEEDU, ERICHALLOOR, PLAMOOTTUKADA P.O., NEYYATTINKARA, WORKING AS FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA. 6. ELDHOSE K.JOSEPH, SON OF K.V.JOSEPH, AGED 35 YEARS, RESIDING AT KALPADICKAL HOUSE, KEEZHILLAM P.O., PERUMBAVOOR, WORKING AS FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ERNAKULAM. svs ..........2/-.... ...2... WPC.NO.20141/2011 7. GOPAKUMAR.D, SON OF M.DAMODHARAN NAIR, AGED 35 YEARS, RESIDING AT VAZHAVILKATHUPUTHEN VEEDU, ERICHALLOOR, PLAMOOTTUKADA P.O., NEYYATTINKARA, WORKING AS FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, KOLLAM. 8. RANJITH.S.R, SON OF RAJAGOPALAN.K, AGED 32 YEARS, RESIDING AT INCHIPULLUVILA VEEDU, KIDARAKKUZHI P.O., THIRUVANANTHAPURAM, WORKING AS FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, KOLLAM. BY ADVS. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE SMT.BABITHA THAMBI RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. BY GOVT. PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20141/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(Ms) NO.24/1989 DATED 23/01/1989. P2: COPY OF G.O.(P) NO.344/2008 DATED 08/07/2008. P3: COPY OF THE JUDGMENT IN W.A.NO.470/2009 AND CONNECTED CASES DATED 05/06/2009. P4: COPY OF THE ORDER ISSUED BY THE RESPONDENT DTD. 17/05/2010. P5: COPY OF THE AFFIDAVIT FILED BY THE THIRD RESPONDENT IN CONTEMPT CASE (CIVIL) NO.999/2010 DATED 04/09/2010. P6: COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DTD.05/1/10 P7: COPY OF THE ORDER NO.A4-15496/2006/DMOH ISSUED BY THE DISTRICT MEDICAL OFFICER, THRISSUR DATED 29/06/2011. P8: COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P9: COPY OF THE REPRESENTATION SUBMITTED BY THE SECOND PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P10: COPY OF THE REPRESENTATION SUBMITTED BY THE THIRD PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P11: COPY OF THE REPRESENTATION SUBMITTED BY THE FOURTH PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P12: COPY OF THE REPRESENTATION SUBMITTED BY THE FIFTH PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P13: COPY OF THE REPRESENTATION SUBMITTED BY THE SIXTH PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P14: COPY OF THE REPRESENTATION SUBMITTED BY THE SEVENTH PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. P15: COPY OF THE REPRESENTATION SUBMITTED BY THE EIGHTH PETITIONER TO THE THIRD RESPONDENT DATED 27/06/2011. RESPONDENT'S EXHIBITS: /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.20141 OF 2011 -------------------------------------------- Dated this the 25th day of July, 2011 JUDGMENT The petitioners are aggrieved by their supersession in the matter of promotion to the post junior Health Inspector Grade-II. They are working as Peons/Field Workers under the Health Services Department. Ext.P4 is the list of qualified persons for appointment to the post of Junior Health Inspector Grade-II. The contention of the petitioners is that in Ext.P4, their names figured at 173, 174, 175, 156, 160, 164, 165 and 166 respectively. By virtue of their position in Ext.P4, it is contended that they should have been promoted against the turns 6, 7, 11, 23, 33, 34, 38 and 39. Feeling aggrieved by the denial of the promotions at the appropriate time, the petitioners have preferred Exts.P8 to P16 representations respectively before the third respondent. Despite the receipt of the said representations, no orders have been passed thereon. It is in the said circumstances that this Writ Petition has been filed. 2. Evidently, the names of the petitioners have been included in Ext.P4 list. Taking into consideration of the fact that they have already W.P.(C) NO.20141 of 2011 2 moved the third respondent through Exts.P8 to P16 representations raising their grievances, I am inclined to dispose of this Writ Petition with a direction to the third respondent to consider and pass orders on the said representations expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.20141 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010