IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18828 of 2010(C) -------------------------- PETITIONER(S): ----------------------- V.K.RAJAN,S/O.CHEKKUTTY,AGED 55 YEARS, NURSING ASSISTANT,NMCH,CALICUT,RESIDING AT VARARAM KANDIYIL VEEDU,ARAVANOOR.P.O,NARIKUZHY VIA, CALICUT DISTRICT,PIN-673585. BY ADV. SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT, OF HEALTH AND FAMILY WELFARE,GOVERNMENT OF KERALA,TRIVANDRUM, 695001. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM,695001. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, O/O.THE DISTRICT MEDICAL OFFICER,CIVIL STATION, CALICUT,673 020. 4. THE SUPERINTENDENT,MEDICAL COLLEGE HOSPITAL,CALICUT.673 008. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.18828 OF 2010 (C) -------------------------------------------------- Dated this the 17th day of June, 2010 J U D G M E N T Petitioner is a Nursing Assistant at the NMCH, KOZHIKODE. According to the petitioner on abolition of the dual control system, when options were invited, petitioner opted for Directorate of Medical Education as per Ext.P1. It is stated that under the cover of Ext.P2, the 3rd respondent had forwarded options to the 2nd respondent for necessary action. Petitioner contends that though 181 options were thus forwarded to the 2nd respondent, all except the petitioner's option were accepted. There upon representations were made and by Ext.P4 the 3rd respondent informed the petitioner that the option was forwarded to the 2nd respondent and that further orders have not been received. Petitioner submits that in the meanwhile he is being compelled to relieve from the present station. 2. If as stated by the petitioner he had exercised his option to go over to Directorate of Medical Education and the 3rd respondent had forwarded the same to the 2nd respondent, the 2nd respondent ought to have considered the option and passed orders thereon. WPC.No.18828 /2010 :2 : From Ext.P4 it would appear that the the 3rd respondent has forwarded his option to the 2nd respondent and that no orders have bee passed. In such circumstances, it is up to the 2nd respondent to consider the option of the petitioner and pass appropriate orders in the matter. 3. Therefore, I direct the 2nd respondent to consider the option exercised by the petitioner, if he has received the same and pass necessary orders thereon. This the 2nd respondent shall do as expeditiously as possible and at any rate 4 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. It is directed that in the meanwhile the petitioner will be allowed to continue in the NMCH, Kozikode. Petitioner shall produce a copy of the judgment along with a copy of the writ Petition before respondents 2 and 3 for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.18828 /2010 :3 :