IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No.33113 of 2007(P) ------------------------------- PETITIONER: -------------- UNNIKRISHNAN.T., JUNIOR HEALTH INSPECTOR GRADE-II, P.H.CENTRE, OLAVANNA, KOZHIKODE. BY MR.P.V.KUNHIKRISHNAN, ADVOCATE. MS.N.S.REHNA, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE (C) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HEALTH SERVICE DEPARTMENT, KERALA STATE, THIRUVANANTHAPURAM. 3. K.M.RAMESAN, JUNIOR HEALTH INSPECTOR GRADE-II, KUNHIMADATHIL , PUTHUR, ETTUKUDUKKA POST, KANNUR DISTRICT. 4. C.P.GEORGE, JUNIOR HEALTH INSPECTOR GRADE-II, PHC, RAJKUMARI P.O., IDUKKI. 5. K.D.KARTHIKEYAN, JUNIOR HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, PUTHUVAIPPU POST, MALIPURAM, ERNAKULAM. WP(C).No.33113/2007 ...2... 6. P.N.BABU, JUNIOR HEALTH INSPECTOR GRADE-II, PHC, BUDHANOOR POST, ALAPUZHA DISTRICT. 7. PRAVINKUMARSEN G., JUNIOR HEALTH INSPECTOR GRADE-II, PHC, VELLARADA P.O., THIRUVANANTHAPURAM. 8. SANALKUMAR P., JUNIOR HEALTH INSPECTOR GRADE-II, PHC, VELLARADA P.O., THIRUVANANTHAPURAM. BY MR.P.M.BENZIR, ADVOCATE, FOR R4 & R5. MR.G.G.MANOJ, ADVOCATE, FOR R4 & R5. MR.JAICE JACOB, ADVOCATE, FOR R4 & R5. MR.C.A.CHACKO, ADVOCATE, FOR R7 & R8. MR. DILIP MOHAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33113/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.EG3-76498/2004/DHC DTD. 14.9.04. EXT. P2 : COPY OF ORDER IN G.O.(MS) 24/89/F&FWL DTD. 23.1.89. EXT. P3 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO R2 DTD. 10.10.2000. EXT. P4 : COPY OF ORDER PASSED IN C.C.C 1287/2001 DTD. 1.10.01. EXT. P5 : COPY OF ORDER No.10146/C2/01/H&FWD DTD. 23.11.01. EXT. P6 : COPY OF ORDER PASSED BY R2 DTD. 27.3.02. EXT. P7 : COPY OF ORDER SHOWING THE PROMOTION GIVEN TO R3 DTD. 2.11.00 EXT. P8 : COPY OF ORDER SHOWING THE PROMOTION GIVEN TO R5 DTD. 16.11.00. EXT. P9 : COPY OF JUDGMENT IN O.P.No.12600/2002 ON THE FILE OF THIS HON'BLE HIGH COURT DTD. 20.1.2006. EXT. P10 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER DTD. 15.6.06. EXT. P11 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER DTD. 5.7.06. EXT. P12 : COPY OF ORDER IN G.O.(Rt) No.3039/2007/H&FWD DTD. 24.8.07. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.33113 of 2007 --------------------------------- Dated, this the 7th day of September, 2009 J U D G M E N T The grievance of the petitioner is regarding the alleged delay in his promotion to the post of Junior Health Inspector Grade II. 2. By Ext.P1 order dated 14/09/2004, the petitioner was promoted to that post. However, he claims that despite his eligibility, overlooking his claim, his juniors were promoted to that post on 10/10/2000, and that therefore, he should also be given promotion with effect from that date. Representations made in this behalf, culminated in Ext.P12 order issued by the 1st respondent, in which it is stated that as per the existing practice, the seniority of eligible persons is reckoned for the purpose of promotion based on the date on which applications for promotion as Junior Health Inspector is made. It is submitted that since the petitioner applied for promotion only on 20/10/2002, he could not have been promoted on 10/10/2000. It is on this basis, the claim has been rejected. WP(C) No.33113/2007 -2- 3. However, the learned counsel for the petitioner invites my attention to Ext.P3 application submitted by him on 10/10/2000 for promotion, which was rejected by Ext.P6 order dated 27/03/2002. It is submitted that since he had submitted Ext.P3 application for promotion in October, 2000 itself, the statement in Ext.P12 order of the 1st respondent that the petitioner submitted his application only in October, 2002 is erroneous. It is also contended that in any case, the seniority for the purpose of promotion, cannot be governed by the date on which the application is made for promotion. On this basis, the learned counsel seeks an order requiring that his promotion now given with effect from 14/09/2004 be ordered to be given with effect from 10/10/2000, on which date his juniors were promoted. 4. However, the learned Government Pleader points out that pursuant to the directions of this Court in WP(C) No.7964/2007, the Government themselves have decided to review the system of reckoning seniority for promotion as done in this case, and that a final decision in this respect is awaited. 5. If as stated by the learned Government Pleader, the WP(C) No.33113/2007 -3- respondents themselves are seized of the requirement of reviewing the existing system of reckoning seniority as indicated above, all that is needed in this writ petition is that, if, so far a final decision has not been taken, the respondents shall expedite and finalise the review and pass final orders in this behalf. 6. Therefore, this writ petition is disposed of directing that the 1st respondent shall expedite the process of reviewing the manner in which seniority in the matter of promotion to the post of Junior Health Inspector Grade-II is reckoned, and take a final decision in this matter, which, if not has already been done, shall be taken as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. Necessarily therefore, the petitioner should also be given consequential benefits. It is made clear that in case if an order has already been passed, and if the petitioner is aggrieved by the same, it will be open to the petitioner to seek his remedies against that decision. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg