IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 OP.No. 31839 of 2000(M) ----------------------- PETITIONER(S): --------------- 1. U.H. SUNIL DAS, JUONIOR HEALTH INSPECTOR GR. II, C.H. CENTRE, MULLASSERY, THRISSUR DIST. 2. C. SONY VARGHESE, JUNIOR HEALTH INSPECTOR GR.II, P.H. CENTRE, VADANAPPALLY, THRISSUR DIST. 3. C.S. SAHADEVAN, JUNIOR HEALTH INSPECTOR GR.II, P.H. CENTRE PARALAM, THRISSUR DIST. 4. T.S. SARESH SANKAR, JUNIOR HEALTH INSPECTOR GR.II, P.H. CENTRE, VADANAPPALLY, THRISSUR DIST. 5. P.S. PRIYESH, JUNIOR HEALTH INSPECTOR GR.II, P.H. CENTRE, VENKITANGU, THRISSUR DIST. BY ADV. SRI. SRI.ELVIN PETER P.J. SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.M.CHATHUKUTTY NAMBIAR SMT.ANANDHY SURESHKUMAR SRI.K.B.DAYAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. K. BHUVANENDRAN CHETTIAR, NON-MEDICAL SUPERVISOR, GENERAL HOSPITAL, THIRUVANANTHAPURAM AND PRESIDENT - KERALA LEPROSY ERADICATION STFF ASSOCIATION, THIRUVANANTHAPURAM. 4. P. MEENAKSHI AMMA, NON-MEDICAL SUPERVISOR, DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM AND VICE PRESIDENT OF KERALA LEPROSY ERADICATION STAFF ASSOCIATION, THIRUVANANTHAPURAM. 5. AJITH PRASAD RAJ H.L., LEPROSY INSPECTOR GR.II PRIMARY HEALTH CENTRE, MALAYINKIL, THIRUVANANTHAPURAM. ADDL. R3 TO R5 ARE IMPLEADED AS PER ORDER DT. 20-12-2000 IN C.M.P.59490/2000. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR ADL.R3 TO 5 SRI.C.VARGHESE FOR ADDL.R3TO 5 GOVERNMENT PLEADER SRI. M.R. SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: O.P.NO. 31839/2000. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 20-9-1999. EXT.P2 ORDER DT. 23-1-1989. EXT.P3 ORDER DT. 6-8-1999. EXT.P4 VACANCY POSITION AS ON 31-8-2000. EXT.P5 ORDER DT. 30-8-2000. EXT.P6 PAGE 251 OF PAY REVISION ORDER DT. 25-11-1998. EXT.P7 ORDER DT. 6TH OCTO. 1999. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 31839 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th October, 2008. J U D G M E N T The petitioners were advised by the Public Service Commission on 29-6-1999 and were appointed to the post of Junior Health Inspector Grade II. The qualifications and method of appointment to the post of Junior Health Inspector Grade II were prescribed by the Government by Ext. P. 2 order. The qualifications are the following: i. General: Pass in SSLC examination or its equivalent. ii) Technical: Multipurpose workers Training Certificate imparted by the Kerala State Health Services Department or its equivalent. In the absence of candidates possessing the above Technical qualification, iii) Health Inspector's Training certificate/Sanitary Inspector's Training Certificate (Diploma) of the All India Institute of Local Self Government, Bombay or its equivalent. Note:- Candidate possessing item (iii) of the qualification should undergo inservice Multipurpose Workers Training after appointment.” The petitioners were holding qualification no. (iii). Therefore, as per the note appended, they were liable to undergo inservice Multipurpose Workers Training after their appointment. But, for a long time, they were not deputed for such training. In the meanwhile, the Government decided to integrate the post of Leprosy Inspector with the post of junior Health Inspector Grade II and by Ext. P. 5 order, they were deputed for training ahead of the petitioners. Since the further promotion would depend on the completion of the training, the Leprosy Inspectors would steal a march over the petitioners for no fault of theirs, is the grievance raised by the petitioners in this original petition. The petitioners therefore seek the O.P. 31839/2000. -: 2 :- following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading go Ext. P. 5 and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to give the petitioners Multipurpose Workers Training contemplated in Exts.P 1 and P2 and only after that any Health Inspectors Training should be given to Leprosy Inspectors Government Order-II. iii) issue a writ of mandamus or any other appropriate writ, direction or order declaring that Leprosy Inspectors Government Order-II in a lower scale of pay could not be integrated with Junior Health Inspectors Gr-II who are in the General Health Services.” 2. I have heard the learned Government Pleader also, who argued the case on the basis of the statement filed by the 2nd respondent. 3. As far as the challenge against the integration of the post of Leprosy Inspector Grade II with Junior Health Inspector Grade II is concerned, I do not think that the petitioners can be given the relief prayed for. Whether to integrate the two posts or not is a policy decision taken by the Government, which cannot be interfered with by this Court simply because the Leprosy Inspector Grade II was on a lower scale of pay than that of Junior Health Inspector Grade II. 4. However, it is a different question altogether when Leprosy Inspectors Grade II are allowed to steal a march over the petitioners only on the ground that they were deputed for training ahead of the petitioners when the petitioners have no option in the matter of deputing for training. It is for the Government to pass orders deputing them for training. Simply because the Government chose to send the Leprosy Inspectors for training ahead of the petitioners, the petitioners cannot be allowed to suffer. Therefore, I dispose of the original petition with a direction that the Leprosy Inspectors would not be given any priority for further O.P. 31839/2000. -: 3 :- promotion simply on the ground that they were deputed for training earlier to the petitioners. In other words, after completion of training and promotion, the petitioners would be entitled to the same seniority as in the cadre of Junior Health Inspector Grade II notwithstanding the fact that Leprosy Inspectors who became Junior Health Inspector Grade II were sent for training ahead of the petitioners and even promoted earlier on the basis of such training. S. Siri Jagan, Judge. Tds/ O.P. 31839/2000. -: 4 :- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 31839 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= J U D G M E N T 20th October, 2008.