IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 14130 of 2008(F) -------------------------- PETITIONER: ------------ K.GIRIJA, LABORATORY TECHNICIAN, STATE INSTITUTE OF PUBLIC HEALTH & LABORATORY, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH SERVICES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. M.A.CHANDRACHOOD, LAB TECHNICIAN, DEPARTMENT OF DERMATOLOGY & VENEREOLOGY, MEDICAL COLLEGE HOSPITAL, TVM. (Impleaded as per order dated 25.6.2008 in I.A.7925/2008) BY GOVERNMENT PLEADER FOR R2 SRI.NANDAKUMAR SRI.G.SASIDHARAN CHEMPAZHANTHIYIL FOR ADDL.R3 SRI.VISHNU CHEMPAZHANTHIYIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14130/2008 -------------------- Dated this the 25th day of June, 2008 JUDGMENT The petitioner, who is working as Laboratory Technician in the State Institute of Public Health and Laboratory, aspires for promotion to the post of Junior Proto Zoologist in the Department. According to the petitioner, she is the only qualified person in the feeder category of Laboratory Technician, but the vacancy had arisen in the year 2003 and therefore, going by the Special Rules, she ought to have been promoted. 2. The issue was considered by this Court in Ext.P8 judgment and following directions were issued. (i). The 2nd respondent shall finalize the seniority list of the feeder category to the post of Proto Zoologist within three months from today. (ii). Thereupon the 1st respondent shall cause a DPC to be convened to the post of Junior Proto Zoologist and based upon W.P.(C).14130/2008 2 the select list to be published in that regard, promotions will be effected. (iii). The entire process outlined above, shall be completed within six months from the date of receipt of a copy of this judgment. 3. The time frame fixed in Ext.P8 judgment is not yet over. In the meanwhile, petitioner has approached this Court, finding that by Ext.P9, Director of Health Services required the Various District Medical Officers to forward the CRs of the persons who are mentioned therein for preparing the list of eligible persons, to be considered for promotion to the post of Proto Zoologist. According to the petitioner, she ought to have been included in the list. Ext.P9 indicates that she may not be considered by the Director, for inclusion in the list of eligible persons, to be placed before the DPC for the post in question. 4. Pursuant to specific orders passed by this Court, counter affidavit has been filed on behalf of the second W.P.(C).14130/2008 3 respondent. Paragraph 4 and 5 of the said counter affidavit reads as follows:- As per the details available in this office, Smt.K.Girija, petitioner is qualified for the post, but she is too junior in the Seniority List. The petitioner was not included in the list (Ext.P9) only because she is too junior in the seniority list. Only if there is no qualified seniors in the category of Junior scientific Officers and Lab Technicians in the Public Health Laboratory, Thiruvananthapuram, her claim can be entertained. For ascertaining the qualification of the existing seniors as mentioned above, steps have already been taken. It is true that the name of the petitioner was not included in the circular which was produced as Ext.P9. Ext.P9 included only officers who were senior to the petitioner. She is too junior to be included in the field of choice before the Departmental Promotion Committee for the post of Junior Protzoologist. Moreover her contention is that she is only qualified W.P.(C).14130/2008 4 to be promoted as Protozoologist. This argument is not correct. 5. I heard learned counsel for the petitioner, learned Government Pleader and the counsel for the impleaded respondent. 6. Mr.Thaliyal R.Gopakumar, learned counsel for the petitioner submits that the petitioner is obviously qualified for the post and therefore, there is no reason why the petitioner's CR should not have been sought for by the Director. This indicates an attempt on the part of the Director to exclude her from consideration, it is contended. 7. Learned senior Government Pleader, Mr.Nandakumar, submits that at present CRs of those persons who entered service in 1990 have been sought for. Obviously, the petitioner will not be included in the said list because she commenced service in 1994. If there are no adequate number of qualified persons, W.P.(C).14130/2008 5 amongst the seniors of the petitioner in the category of Laboratory Technician, obviously Director will have to come lower down in the list and this will take in the petitioner also. The process as undertaken pursuant to Ext.P8 is yet to be completed. If adequate number of qualified persons among the first feeder category, ie, Junior Scientific Officer, are not available, then Director will consider whether there are qualified persons among the Laboratory Technicians in the Public Health Laboratory. If there are no adequate number of qualified persons among the said group of Laboratory Technician, from among the persons who are seniors to the petitioner, then the Director will have to include the petitioner also in the list of persons published and forwarded to the DPC. 8. There is force in the submission made by the learned Government Pleader. In my view, the picture will become clear only if the process undertaken by the Director under Ext.P8 is complete. The claim made by W.P.(C).14130/2008 6 the petitioner really does not crystallize as such at this stage. I find no reason to be apprehensive and no reason to doubt that process as directed in Ext.P8 judgment will be completed within the time frame fixed therein. It is open to the petitioner to approach this Court at a later point of time, if, after completion of the process as aforementioned, there is any illegal exclusion of her name from the list of Laboratory Technician working in Public Health Laboratories, to be forwarded to the DPC for promotion to the post of Junior Proto Zoologist. Writ petition is closed subject to the above directions. V.GIRI, Judge mrcs