IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 26829 of 2009(W) --------------------------------------- PETITIONER(S): --------------------- P.N. RAMADASAN, AGED 51 YEARS, S/O.NARAYANAN NAIR, HEALTH EDUCATOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDING AT SREE RAMYAM, ALANGAD, ALUVA. BY ADV. MR.T.A.RAJAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM, (CONVENER, DEPARTMENTAL PROMOTION COMMITTEE TO THE POST OF LECTURER IN HEALTH EDUCATION & FAMILY PLANNING) 3. P.S. SUDHAKARAN, SOCIAL SCIENTIST, DEPARTMENT OF RADIO DIAGNOSIS, MEDICAL COLLEGE, THRIUVANATNHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26829/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of October, 2009 J U D G M E N T The petitioner is now working as Health Educator in the Medical College, Thiruvananthapuram. The post of Lecturer in Health Education and Family Planning has been filled up by the selection of the third respondent. The petitioner is aggrieved by the said appointment. The particulars relating to the petitioner show that he was initially appointed as Health Inspector Grade-II on provisional basis on 17/03/1982. Later, he was regularised on 25/06/1987 through the P.S.C. He was promoted to the post of Health Educator by order dated 29/07/1998 (Ext.P1). Thereafter, he joined on 01/09/1998 in the said post and he is continuing as such. He has been granted higher grades on completion of 10, 18 and 23 years of service and he is now drawing salary in the scale of pay of Rs.9590-16650/-. 2. Ext.2 is the procedure showing the qualification of appointment to the post of Lecturer. The method of appointment is also provided therein. The said method was revised as per Ext.P3. It is pointed out by the petitioner that he passed Masters Degree in Sociology from the University of Calicut and Post Graduate Diploma in Health Education from the W.P.(C). No.26829/2009 -:2:- Institute of Social Sciences and Research, Vellore. This averment is supported by Exts.P4 and P5. Exts.P6 and P7 are produced to show that recently he obtained another Diploma in Health Education from the Tamil Nadu Dr.MGR Medical University, Chennai. 3. As regards the third respondent it is averred that he is working as Social Scientist in the scale of pay of Rs.8390-13270/-. He was appointed as Social Scientist on 29/05/2007 and his probation was declared on 30/05/2009 as per order No.H2/27152/08/DME dated 15/06/2009. It is therefore, contended that he is having lesser service than the petitioner and he is also drawing salary in the lower grade than that of the petitioner. According to the petitioner, the only one eligible to be considered for promotion is the petitioner himself. 4. A vacancy of Lecturer in Health Education is existing from 02/07/2007 onwards. It is also pointed out that another vacancy will arise consequent on promotion of Shri M.Sivankutty Nair, Lecturer as Assistant Professor in Health Education. In the meeting of the DPC held on 04/08/2009, the third respondent was selected for promotion to the existing vacancy that arose on 02/07/2007 and the petitioner to the anticipatory vacancy, which will arose consequent to the promotion of Shri Sivankutty W.P.(C). No.26829/2009 -:3:- Nair. Ext.P9 is the copy of the minutes of the DPC. Aggrieved by the said proposal, the petitioner has filed Ext.P10 representation before the second respondent. It is the case of the petitioner that the aspects highlighted by him have been overlooked by the DPC while finalising the proposal. 5. There will be a direction to the second respondent to take a decision on Ext.P10 after notice to the petitioner and the third respondent, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms