IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 7358 of 2009(L) ------------------------------------- PETITIONER: ------------------- SUDHAKARAN.P.S.,AGED 40 YEARS, S/O.SANKARAN,PALAMMOOTTIL HOUSE, VELLAVOOR VILLAGE,CHANGANASSERY TALUK, KOTTAYAM DISTRICT,WORKING AS SOCIAL SCIENTIST, GOVERNMENT MEDICAL COLLEGE,THIRUVANANTHAPURAM. BY ADV. MR.S.SHANAVAS KHAN. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.7358 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. S.Shanavaskhan, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner entered service as Health Inspector Grade II in the year 1996. He was later promoted to the category of Health Inspector Grade I and thereafter as Health Educator with effect from 1.11.2006. The post of Health Educator and Social Scientist are interchangeable posts. The petitioner was transferred and posted as Social Scientist in Medical College, Thiruvananthapuram as per Ext.P1 order dated 27.4.2007. The petitioner's probation in the category of Social Scientist has not been declined so far. 3. While the petitioner was working as Social Scientist, he moved the Director of Medical Education claiming temporary promotion to the category of Lecturer in Health Education, which was declined by Ext.P7 order dated 4.12.20087 on the ground that his probation in the category of Social Scientist has not been declared and also for the reason that there is ban on temporary promotion ordered by the Government. The petitioner thereafter filed Ext.P8 representation before the Government requesting that his probation in the category of Social Scientist may be WP(C) 7358/09 -: 2 :- declared taking into account the service rendered by him in the post of Health Educator also. The petitioner submits that since the two posts are interchangeable, the service rendered by him as Health Educator can be reckoned for the purpose of declaration of probation in the category of Social Scientist applying Rule 18(b) of Part II of the Kerala State and Subordinate Services Rules. 4. The question whether the request made by the petitioner in Ext.P8 representation can be accepted and his probation declared in the category of Social Scientist reckoning the service rendered by him as Health Educator also is primarily a matter for the Government to decide. The Government are yet to take a decision in the matter. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider the request made by the petitioner in Ext.P8 and pass orders thereon expeditiously and in any event within three months from the date of receipt of a certified copy of this judgment. If the Government are of the opinion that the Director of Medical Education is the competent authority to declare the petitioner's probation, the Government shall forward the original of Ext.P8 to that authority, who shall within three months from the date of receipt of the original of Ext.P8 from the Government, pass orders in the matter. After orders are passed, the Government or the Director of Medical Education as the case may be shall communicate a copy thereof to the petitioner. In order to enable the Government to WP(C) 7358/09 -: 3 :- pass orders as directed above, the petitioner shall produce a copy of this Writ Petition along with a certified copy of this judgment before the Secretary to Government, General Education Department. It is clarified that it will be open to the petitioner to move the Director of Medical Education again after his probation is declared in the category of Social Scientist seeking temporary promotion to the category of Lecturer in Health Education. Needless to say, while considering the petitioner's claim for such temporary promotion, the claim of his seniors shall also be considered. P.N.Ravindran, Judge. ess