IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35769 of 2009(M) -------------------------- PETITIONER(S): --------------- SHYJU CHERIAN,S/O.CHERIAN CHACKO, VALIYA PARAMBIL, MUNDIAPALLY P.O., THIRUVALLA (PHARMACICT COMMUNITY HEALTH CENTER, KONNY, PATHANAMTHITTA) BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE (H), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF THE DISTRICT MEDICAL OFFICER, OF HEALTH, PATHANAMTHITTA. 4. MEDICAL OFFICER IN-CHARGE, COMMUNITY HEALTH CENTER, KONNY, PATHANAMTHITTA. 5. DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35769 of 2009 (M) --------------------------------- Dated, this the 11th day of December, 2009 J U D G M E N T The petitioner is a Pharmacist. He is presently working at the Community Health Centre, Konni. By Ext.P10 order dated 09/11/2009 he was posted at Neelimala taking into account the Sabarimala season. According to him, due to family circumstances, the petitioner represented to respondents 3 & 5 by filing Exts.P11 & P12 requesting to avoid him from Ext.P10. However, orders were not passed. While so, by Ext.P14 order dated 25/11/2009 passed by the 2 nd respondent, the petitioner was placed under suspension on the ground of noncompliance with Ext.P10 order. On its receipt, he has filed Ext.P16 appeal to the 1 st respondent and has filed this writ petition challenging Ext.P14 order. 2. Having regard to the fact that the petitioner has rightly taken recourse to the statutory remedy by filing Ext.P16 appeal before the 1 st respondent, I think that it is for the 1 st respondent to consider the matter. WP(C) No.35769/2009 -2- Therefore, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P16 appeal filed by the petitioner, as expeditiously as possible, at any rate, within one month of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg