IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 19940 of 2009(J) -------------------------- PETITIONER(S): --------------- SALAHUDEEN.S.A.,AGED 39 YEARS, REFRACTIONIST,GRADE-II,DEPARTMENT OF OPHTHALMOLOGY,MEDICAL COLLEGE HOSPITAL, KOZHIKODE. BY ADV. SRI.SAJU S.POONTHODATHU SRI.P.M.SAJI RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY ADDITIONAL CHIEF SECRETARY,HEALTH & FAMILY WELFARE DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM. 3. THE DIRETOR OF MEDICAL EDUCATION, GOVERNMENT OF KERALA,MEDICAL COLLEGE, P.O.THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19940 OF 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF G.O.MS NO.124/2007/H &FWD DATED, THIRUVANANTHAPURAM DATED 1-6-2007 EXT.P2: COPY OF G.O(P)NO.548/2008/H&FWD DATED, THIRUVANANTHAPURAM 25- 10-2008 EXT P3: COPY OF THE FORM OF OPTION DATED 1-12-2008 GIVEN BY THE PETITIONER EXT.P4: COPY OF G.O(P) NO.56/2009 /H&FWD DATED, THIRUVANANTHAPURAM 27- 2-2009. EXT.P5: COPY OF FIRST LIST OF DETAILS OF STAFF OPTED TO D.M.E FROM D.H.S EXT.P6: COPY OF THE REPLY NO. 1063/K1/09/H&FW DEPARTMENT DATED 13-4- 2009 GIVEN AS PER RIGHT TO INFORMATION ACT. EXT.P7: COPY OF THE FINAL LIST OF DETAILS OF STAFF OPTED TO D.M.E FROM D.H.S EXT.P8. COPY OF THE REPLY NO. E2/28033/08/D.M.E DATED 9-12-2008 GIVEN AS PER RIGHT TO INFORMATION ACT. EXT.P9: COPY OF PAPER PULICATION NO. R&A(3) 10357/93 G.O DATED 8-6-1993 BY PSC FOR THE POST OF REFRACTIONIST IN M.E.D EXT.P10: COPY OF PAPER PUBLICATION NO. R&A(3)2407/94 G.O. DATED 11-11-1994 BY PSC FOR THE POST OF OPHTHALMIC ASSISTANT IN HEALTH SERVICES. EXT.P11: COPY OF THE REPRESENTATION DATED 4-6-2009 GIVEN BY PETITIONER TO SECRETARY , HEALTH DEPARTMENT. RESPONDENTS EXHIBITS: NIL // TRUE COPY// P.A. TO JUDGE. V.GIRI, J. ---------- WP(C) NO. 19940 OF 2009 ----------------------- DATED THIS THE 30TH DAY OF SEPTEMBER 2009 JUDGMENT The Petitioner is working as Refractionist Grade-II in the Health Service Department and he is currently posted in the Medical College Hospital, Kozhikode. On abolition of dual control system in the health department,the Petitioner opted for the Medical Education Department. Ext.P5 shows that his option has been accepted but it seems that by Ext.P7 when another list was issued, his name was not included. But juniors to the Petitioner have been included. He has therefore filed Ext.P11 representation before the Government pointing out these aspects. 2. This writ petition has been filed seeking appropriate directions in relation to Ext.P11. 3. Ext.P5 shows that the petitioner's option for the Medical Education Department has been accepted. His name was not included in Ext.P7 but WP(C) NO. 19940 OF 2009 2 the option given by the juniors to the petitioner for the same post have been accepted. The 1st respondent is therefore directed to look into Ext.P11, hear the Petitioner and see that the Petitioner's option for Medical Education Department is acted upon, if there are no factors standing in the way of the same. The Government shall ensure that the posting among optees is determined in the order of seniority. Writ Petition is disposed of as above. V.GIRI JUDGE pkk WP(C) NO. 19940 OF 2009 3