IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 22465 of 2009(C) ---------------------------------------- PETITIONER(S): ----------------------- MINI PHILIP, DIETICIAN GRADE-II, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.K.A.BALAN, MR.PETER JOSE CHRISTO, MR.S.A.ANAND, MR.RAMESH. C.R., MR.K.V.VIMAL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN-695 035. 3. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 011. 4. SUJETHA ABRAHAM, SENIOR GRADE DIETICIAN, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM, PIN-695 011. 5. LOLA THOMAS, DIETICIAN GRADE-II, THRISSUR MEDICAL COLLEGE HOSPITAL, THRISSUR, PIN-680 001. Kss ..2/- ...2..... WPC.NO.22465/2009 C 6. MEENA SOMRAJ, DIETICIAN GRADE-II, MENTAL HEALTH CENTRE, PEROORKADA, THIRUVANANTHAPURAM, PIN-695 005. 7. JAINY.K.CYRIAC, DIETICIAN GRADE-II, GENERAL HOSPITAL, ALAPPUZHA, PIN-688 001. 8. JINCY GEORGE, DIETICIAN GRADE-II, THRISSUR MEDICAL COLLEGE HOSPITAL, THRISSUR, PIN-680 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN R4 BY ADVS.MR.K.JAJU BABU, SMT.DHANYA CHANDRAN. R5 BY ADV. MR.D.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22465/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(MS) NO.124/07/H&FWD DTD. 1/06/2007. P2: COPY OF THEFORM OF OPTION SUBMITTED BY THE PETITIONER. P3: COPY OF THE G.O.(P) NO.56/2009/H&FWD DTD. 27/02/2009. P4: COPY OF THE ORDER NO.PLAI-2462/05/DHS DTD. 28/02/2009 OF THE 2ND RESPONDENT. P5: COPY OF THE RELEVANT EXTRACT OF THAT STATEMENT. P6: COPY OF THEG.O.(P) NO.167/2009/H&FWD DTD. 17/06/2009. P7: COPY OF THE LIST SHOWING THE DETAILS OF STAFF OPTED TO DIRECTORATE OF MEDICAL EDUCATION FRFOM DIRECTORATE OF HEALTH SERVICES. P8: COPY OF THE REPRESENTATION DTD. 25/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P9: COPY OF THE LETTER NO.A1/6847/09/MCHG DTD.25/07/2009 OF THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J ------------------- W.P.(C).22465/2009 -------------------- Dated this the 25th day of September, 2009 JUDGMENT Petitioner who is Dietitian Grade-II in the Department of Health Services opted to be shifted to the Directorate of Medical Education. She submitted an option as per Ext.P2 in which she has also been asked to give her place of posting as per preference. While she has opted for the Medical Education Department, in column No.14 relating to the stations required for posting (in the order of preference), she has shown only the Medical College Hospital, Kottayam. Though in the original draft list of persons whose options were to be accepted, as evidenced by Ext.P5, she has also been included, it seems that later she has been excluded there from as evidenced by Exts.P6 and P7 which are under challenge in this writ petition. 2. Learned counsel for the respondents points out that it is quite possible that the preference shown by the petitioner for a station of posting namely the Medical College Hospital, Kottayam, could have been opted by any person, senior to W.P.(C).22465/09 2 the petitioner, therefore, petitioner's option may not have been accepted. 3. Option is exercised in relation to the Department. If therefore, an option by any person who is junior in the same post has been accepted in preference to the petitioner, then, the matter requires a verification and appropriate correction at the hands of the Government. The matter shall therefore be considered by the Government. 4. In the result, petitioner may file a representation before the Government pointing out the above aspects within two weeks from today and the Government shall consider the request with reference to the following aspects. (i). Whether as per the guidelines which are already relied on, the option exercised by an incumbent is to be considered with reference to the Department. (ii). Whether the option by an incumbent to be shifted to the Directorate of Medical Education is W.P.(C).22465/09 3 liable to be rejected, if the station for posting given by the incumbent has already been opted for by any other senior incumbent as such. 5. Government shall take a decision on the representation after notice to the affected persons within four weeks from the date of receipt of a copy of this judgment. Petitioner shall be retained in the present place of posting till the Government takes a decision. It is made clear that orders passed by the Department of Health Services, consequent upon the acceptance of options from different persons in the Health Services Department can be operated upon and the fact that the petitioner is being permitted to be retained in the present place of posting shall not stand in the way of operation of such orders. Writ petition is disposed of as above. V.GIRI, Judge mrcs