IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 1182 of 2008(N) ------------------------------------- PETITIONER: ------------------- SHYLAJA P.R., W/O. M.V.MURALEEDHARAN NAIR, L.D.CLERK, DR. PADIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. BY ADVS. MR.DINESH R.SHENOY, MR.V.V.UNNIKRISHNAN, MR.G.G.ABHILASH. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (J) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE SECRETARY, BOARD OF TRUSTEES, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 4. THE PRINCIPAL, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 5. SHRI RAMAKUMAR .K.G., L.D.CLERK, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 6. RAMESH M., L.D. CLERK,DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 7. SHEEBA M.S., L.D.CLERK, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. W.P.(C). NO.1182/2008-N: 8. NAVEENA PRABHU S., L.D.TYPIST, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 9. SMT. BINDU G., L.D. CLERK, DR. PADIYAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA – 682 312. R1 BY GOVT. PLEADER SMT. SMITHA SUKUMAR, R3 & R4 BY ADV. SMT.R.RANJINI, R5, R7 & R8 BY ADV. MR.JAGADEESH LAKSHMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1182/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O. NO.100/2000 H & FWD DTD. 25/04/2000 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT. EXT.P.2: COPY OF THE G.O.(MS).NO.154/1996 H & FWD DTD. 23/03/1996 ISSUED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (J) DEPARTMENT. EXT.P.3: COPY OF THE G.O.(MS) NO. 9O/02/H & FWD DTD. 22/04/2002 ISSUED BY THE HEALTH & FAMILY WELFARE (J) DEPARTMENT TOGETHER WITH ANNEXURES. EXT.P.4: COPY OF THE ORDER NO. 4302/C1/200 GSHCT DTD. 27/04/2002 ISSUED BY THE R.2. WITH ANNEXURES. EXT.P.5: COPY OF THE JUDGMENT DTD. 18/12/2006 IN W.P.(C).NO.33459/2006, HIGH COURT OF KERALA. EXT.P.6: COPY OF THE ORDER NO. 49/E2/07/GHMCT DTD. ½/2007 ISSUED BY THE R.2. EXT.P.7: COPY OF THE OFFICE CIRCULAR NO. 14/DPMHMC/2006-07 DTD. 03/02/2007 ISSUED BY THE R.3. EXT.P.8: COPY OF THE APPLICATION DTD 05/02/2007 SUBMITTED BY THE PETITIONER BEFORE THE R.3, THROUGH R.4. EXT.P.9: COPY OF THE OFFICE ORDER NO. 23/DPM HMC/07-08 DTD. 31/12/2007 ISSUED BY THE R.3. EXT.P.10: COPY OF THE REPRESENATION DTD. 05/01/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.2, THROUGH PROPER CHANNEL, WITH ADVANCE COPY ALSO. EXT.P.11: COPY OF THE LETTER DTD. 31/01/2008 ISSUED BY THE R.2. TO THE R.3. EXT.P.12: COPY OF THE ORDER DTD. 20/10/2008 ISSUED BY THE R.3. REGARDING RATIO PROMOTION. EXT.P.13: COPY OF THE SENIORITY LIST ISSUED TO THE PETITIONER ALONG WITH COVERING LETTER DTD. 07/11/2008. EXT.P.14: COPY OF THE APPEAL DTD. 15/11/2008 FILED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 1182 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th August, 2009. J U D G M E N T The petitioner is a Lower Division Clerk in the Homoeo Medical College. Respondents 5 to 9 are also L.D. Clerks in the college. The petitioner claims to be senior to them. In 2000, the management of the college signed a direct payment agreement with the Government as per which the 2nd respondent is the controlling officer empowered to fix the staff strength of the college and to carry out all functions attached thereto. In 2006, respondents 5 to 9 represented before the authorities seeking promotion. They filed a writ petition in which Ext. P5 judgment was passed directing the 2nd respondent to take a decision in the matter. Pursuant thereto, the 2nd respondent passed Ext. P6 order holding that there are no sanctioned posts of U.D. Clerks/U.D. Typists in the college of the 3rd respondent as per the direct payment agreement and therefore, no promotion can be made to those posts. Subsequently, the 3rd respondent invited applications from among L.D. Clerks for staff ratio promotion. According to the petitioner, the petitioner being the senior-most L.D. Clerk available and qualified for promotion, she also filed Ext. P 8 application. However, respondents 5 to 9 were given promotion, whereas the petitioner was denied promotion. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “(a) Issue a writ of certiorari quashing Ext. P9 order dated 31-12- 2007 issued by the 3rd respondent. (aa) A writ of certiorari, quashing Ext. P12 order dated 20-10- 2008 issued by the 3rd respondent. (b) An order declaring that further promotions can be made only on and w.e.f. 3-2-2007, the date of Ext. P7 circular and in accordance with seniority list Exts.P3 and P4 published by the competent authority. W.P.C. No. 1182/08 -: 2 :- (c) A writ of mandamus directing the 1st respondent, Government to consider/sanctioning post of UD Clerk, Head Clerk etc., in the Padiar Homeopathic Medical College at least w.e.f. today and to grant the petitioner promotion which is due to her on the basis of her qualifications, without any delay.” 2. A counter affidavit has been filed by respondents 3 and 4 to the effect that ratio promotions were effected with effect from 1-1- 2000 on which date, the petitioner, although senior to respondents 5 to 9, did not have the mandatory test qualification, which she obtained only in January, 2006, whereas respondents 5 to 9 obtained the same in June, 2001. Therefore, according to the respondents the petitioner was rightly denied promotion. 3. I am at a loss to understand how if respondents 5 to 9 obtained the ratio promotion on 1-1-2000 the petitioner was not qualified since all of them were not qualified as on 1-1-2000, even according to respondents 3 and 4. However, I am not pronouncing finally on that issue presently, insofar as the petitioner has already invoked the jurisdiction of the 2nd respondent in the matter by filing Ext. P14 petition. So far, promotions of respondents 5 to 9 have not yet been approved by the authorities concerned also. In the above circumstances, the 2nd respondent shall consider and pass orders on Ext. P14 petition filed by the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondents 3 to 9. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/