IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WA.No. 2171 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18823/2008 Dated 18/09/2008 .................... APPELLANT(S): RESPONDENTS 1 AND 2 IN THE WRIT PETITION --------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR, OFFICE OF THE DIRECTOR, DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENT(S): PETTIIONR & 3RD RESPONDENT IN THE WRIT PETITION -------------------------- 1. DR.P.K.SANTHAKUMARI, SUPERINTENDENT IN CHARGE (SENIOR), PROFESSOR AND HEAD OF THE DEPARTMENT, KAYACHIKITSA AND PANCHAKARMA DEPARTMENT, GOVERNMENT AYURVEDA COLLEGE HOSPITAL, TRIVANDRUM. 2. DR.R.SREEKUMAR, PROFESSOR AND HEAD OF DEPARTMENT, DEPARTMENT OF REGANIDANA, GOVERNMENT AYURVEDA COLLEGE HOSPITAL, TRIVANDRUM. ADV. SRI.SUBASHCHANDRABOSE FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.NO.2171 OF 2008 ------------------------------------- Dated this the 6th day of November, 2008 J U D G M E N T Koshy,J. Writ petitioner is four years senior to the 3rd respondent. When vacancy for the post of Superintendent in Government Ayurveda College Hospital arose, petitioner submitted her willingness. Two other persons also submitted their willingness. Petitioner reached the age of superannuation (55 years of age) on 31.8.2008, but, as per rules, she can continue in service till the end of the academic year, that is, 31.3.2009. The vacancy arose on 1.5.2008 before the attainment of the superannuation date of the petitioner. Since the petitioner was four years senior to the 3rd respondent, she approached this Court stating that she should be appointed as the Superintendent in the Government Ayurveda College Hospital. There is no adverse remarks against the petitioner. It is submitted by the Government Pleader that it was not a promotional post. WA.2171/2008 2 Among the willing persons, one will be posted. Considering the short term she is having, she was not given the appointment. We are of the opinion that even if the post of Superintendent is not a promotional post as it has got more attraction, the senior person should have been posted. When she expressed her willingness, in the absence of any disqualification for the petitioner to hold the post of Superintendent, it is unjust to reject her claim. Considering the entire aspects, the learned Single Judge directed that the petitioner should be appointed as the Superintendent. We fully agree with the views expressed by the learned Single Judge. Hence, this appeal is dismissed. The judgment was dated 18.9.2008. Direction was given to post the petitioner as Superintendent within two weeks. In the facts and circumstances of the case, for implementation of the impugned judgment, we grant further two weeks from today. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp