IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 18333 of 2011(N) ----------------------------------- PETITIONER(S): ----------------------- B.JAYAMOL, W/O. JOHNSON.T, AGED 39 YEARS, RESIDING AT JAYALAYAM, PALLIKKARA, THEVAM PO, KANNUR, WORKING AS FIELD WORKER,OFFICE OF THE DISTRICT VECTOR CONTROL UNIT, B STREET, MANANATHAVDY,WAYANAD. BY ADVS. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI SRI.M.SUNIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (C) DEPARTMENT GOVERNMENT OF KERALA,THIRUVANANTHAPURAM 695 001. 3. DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM 695 001. 4. THE DISTRICT MEDICAL OFFICER, WAYANAD 673 121. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 18333 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RULES ISSUED BY THE GOVERNMENT AS PER G.O. (MS) NO.216/89/H&FWD, DATED 11/10/1989. P2: COPY OF THE ORDER ISSUED BY THE DISTRICT MEDICAL OFFICER, KANNUR DATED 4/4/2011. P3: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO. 4539/2000, DATED 28/022003. P4: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C) NO. 5375/2005 DATED 16/02/2005. P5: COPY OF THE PROCEEDINGS ISSUED BY THE DIRECTOR OF HEALTH SERVICES DATED 4/7/2005. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT ON 15/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.18333 of 2011-N. = = = = = = = = = = = = = Dated this the 3rd October, 2011. J U D G M E N T The petitioner is working as Field Worker in the National Fileria Control Unit, now renamed as District Vector Control Unit under the Health Services Department. The petitioner claims that she is entitled to be promoted to the post of Insect Collector, but that she is denied promotion only because she is a female. Though a note to Ext.P1 rules had stipulated that only male candidates be appointed to the said post, the said note has already been declared unconstitutional by this Court as per Ext.P3 judgment. Therefore, she claims the issue of appropriate directions. 2. A counter-affidavit has been filed on behalf of the 4th respondent. In paragraph 3 of the counter-affidavit, it is stated that promotion to the post of Insect Collector is to be WP(C).No.18333/2011-N. 2 made from among qualified Field Assistants in the Health Services Department. It is only in the absence of availability of Field Assistants that Field Workers are to be considered. According to the Government Pleader, four Field Assistants are working in the District Vector Control Unit, Mananthavady and they are fully qualified to be promoted to the post of Insect Collector. Therefore, it is contended that the petitioner's claim lacks merit. 3. The counsel for the petitioner submits that out of the four Field Assistants referred to in the counter-affidavit, two are due to retire during the current year and that the other two have expressed their unwillingness to be promoted to the post of Insect Collector. Therefore, according to the petitioner, a situation would be created where no Field Assistants are available to be promoted to the post of Insect Collector. In the event of such a situation arising, where there are no qualified Field Assistants available for promotion as Insect Collector, the petitioner's claim may be considered, it is submitted. WP(C).No.18333/2011-N. 3 4. If there are no qualified Field Assistants available as stipulated in Ext.P1, certainly the second method of appointment specified in Ext.P1 would have been resorted to, namely, “by promotion from qualified Maistry or Field Worker”. In such an event, the claim of the petitioner would also merit consideration. 5. In view of the above position, this writ petition is disposed of directing the fourth respondent to consider the claim of the petitioner, in the event of a situation arising where no qualified Field Assistants are available for being promoted to the post of Insect Collector and to pass appropriate orders thereon as enjoined by law. K.SURENDRA MOHAN, (Judge) Kvs/-