IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 32127 of 2010(M) ---------------------------------------- PETITIONER(S): ----------------------- HAMSA ISMAIL, HEALTH SUPERVISOR, MEDICAL COLLEGE HEALTH UNIT, CHEROOPA POST, KOZHIKODE- 673 661. BY ADV. SRI.M.V.BOSE, SRI.VINOD MADHAVAN. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM, PIN- 695 001. 3. SMT.GEETHAMANI ANTHARJANAM, HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, MUTHUKULAM, ALAPPUZHA DISTRICT, PIN- 690 560. R1 & R2 BY GOVT. PLEADER MR.A.J. VARGHESE. R3 BY ADV. SRI.M.R.HARIRAJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32127/2010-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXTRACT OF THE LIST. EXT.P2: COPY OF THE LIST IS PUBLISHED AS PER ORDER DATED 28/02/2007 ALONG WITH THE FIRST PAGE OF JUNIOR HEALTH INSPECTOR GRADE II AND FIRST PAGE OF JUNIOR HEALTH INSPECTOR GRADE II. EXT.P3: COPY OF THE LETTER DATED 01/03/2007 SENT BY DIRECTOR OF HEALTH SERVICES. EXT.P4: COPY OF THE REQUEST DATED 12/08/2010. EXT.P5: COPY OF THE REPLY DATED 30/08/2010. EXT.P6: COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DIRECTOR ON 06/10/2010. RESPONDENT'S EXHIBITS: EXT.R3A: COPY OF THE ADVICE NO.A1(2)1948/88 DATED 09/03/1995. EXT.R3B: COPY OF THE GO MS NO.86/97/H&FWD DATED 13/03/1997 ISSUED FOR THE FIRST RESPONDENT. EXT.R3C: COPY OF THE ORDER FWA2-46319/98/DHS DATED 06/02/2003. EXT.R3D: COPY OF THE ORDER NO.ES2-29029/98/DHS DATED 26/11/2002 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE RELEVANT PORTION OF THE SENIORITY LIST PUBLISHED IN KERALA GAZETTE DATED 24/06/2003. EXT.R3E: COPY OF THE JUDGMENT DATED 28/07/2006 IN WP(C) NO. 19872/2006. EXT.R3F: COPY OF THE ORDER NO.FWA2-77355/06/DHS DATED 17/07/2007. EXT.R3G: COPY OF THE ORDER NO.EG3-110370/2004/DHS DATED 30/12/2004. EXT.R3H: COPY OF THE DEGREE CERTIFICATE DATED 15/06/1990. EXT.R3I: COPY OF THE CERTIFICATE DATED 03/02/1998 OF THE DIRECTOR OF HEALTH SERVICES. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.32127 OF 2010 --------------------------------------- Dated this the12th day of November, 2010 JUDGMENT The petitioner has filed this writ petition aggrieved by the seniority assigned to the third respondent above the petitioner. According to the petitioner, the petitioner is entitled to seniority over the third respondent. The second respondent has filed a statement in paragraph 2 of which, it is stated thus: “The petitioner's claim that he is senior to the respondents will be considered as and when the seniority list of candidates eligible for promotion as Deputy DEMO is revised based on the seniority list of Junior Health Inspector Grade II published as per order No.ES2- 49196/DHS dated 25.02.2007. The present proposal for preparing the select list will also be recalled for resubmitting after review of the seniority list”. The learned counsel for the petitioner submits that in view of the said statement, the writ petition may be closed recording the said statement. Heard both sides. In view of the said statement filed on behalf of the second respondent, the same is recorded and this writ petition is disposed of directing respondents 1 and 2 to take a decision as promised in paragraph 2 of the statement expeditiously. S. SIRI JAGAN, JUDGE acd