IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29852 of 2011(F) -------------------------------------- PETITIONER: ------------------- G.SASIKUMAR, UPPER DIVISION CLERK (H.G), DISTRICT MEDICAL OFFICE, PALGAT,PIN- 678 001. BY ADVS. SRI.P.K.ABOOBACKER(EDAPPALLY), SMT.LAISA B.JOSE. RESPONDENTS: ------------------------ 1. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, TRIVANDRUM - 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM - 695 001. R1 & R2 BY SR. GOVT. PLEADER SRI. LIJU STEPHEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29852/2011-F: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: THE RELEVANT PORTION OF THE G.O(P) NO.515/85/FIN DATED 16.9.1985 EXT.P2: THE TRUE COPY OF THE APPLICATION DATED 29.11.2010 FILED BY THE PETITIONER BEFORE THE INFORMATION OFFICER AT THE OFFICE OF THE DIRECTOR OF INDIAN SYSTEM OF MEDICINES,TRIVANDRUM. EXT.P3: THE TRUE COPY OF THE REPLY DATED 7.1.2011 GIVEN BY THE INFORMATION OFFICER AT THE OFFICE OF THE DIRECTOR OF INDIAN SYSTEM OF MEDICINES,TRIVANDRUM TO THE PETITIONER. EXT.P4: THE TRUE COPY OF THE REPRESENTATION DATED 16.03.2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: THE TRUE COPY OF THE APPLICATION DATED 16.3.2011 FILED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER,DIRECTORATE OF HEALTH DEPARTMENT, TRIVANDRUM EXT.P6: THE TRUE COPY OF THE REPLY DATED 18.4.2011 GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE DIRECTORATE OF HEALTH DEPARTMENT,TRIVANDRUM TO THE PETITIONER. EXT.P7: THE TRUE COPY OF THE REPLY DATED 28.4.2011 GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE DIRECTORATE OF HEALTH DEPARTMENT,TRIVANDRUM TO THE PETITIONER. EXT.P8: THE TRUE COPY OF THE STATUTORY APPEAL DATED 12.10.2011 FILED UNDER RULE 27B OF THE KERALA SATE AND SUBORDINATE SERVICES RULES BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.29852 of 2011 --------------------------------------------- Dated this the 9th day of November 2011 JUDGMENT The petitioner, who is working as an Upper Division Clerk in the Health and Family Welfare Department, has filed this writ petition challenging the provisional seniority list of Upper Division Clerks published on 4.7.2011. According to the petitioner, the 1:1 ratio that is to be maintained between the Lower Division Clerks and Upper Division Clerks has not been maintained. He also alleges that the above fact has been admitted in Exts.P3, P6 and P7. The petitioner has therefore submitted a statutory appeal under Rule 27B of the Kerala State and Subordinate Service Rules, before the first respondent. He seeks the issue of appropriate directions for consideration and disposal of Ext.P8. 2. I have heard the learned Government Pleader also. 3. In view of the limited relief that is prayed, I am of WPC No.29852 of 2011 2 the opinion that this writ petition can be disposed of directing consideration and disposal of Ext.P8 appeal, on an early date. 4. This writ petition is, in the above circumstances, disposed of directing the first respondent to consider the appeal filed by the petitioner, evidenced herein by Ext.P8, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE