IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 36169 of 2010(U) ---------------------------------------- PETITIONER(S): ------------------------ 1. IBRAHIM. K., HEALTH SUPERVISOR, P.H.C. OLAVANNA, KOZHIKODE DISTRICT. 2. P. RAJU, HEALTH SUERVISOR, NOW ON DEPUTATION AS ASST. DISTRICT MISSION CO-ORDINATOR, KUDUMBASREE, WAYANAD. 3. BABY NAPPALLY, HEALTH SUPERVISOR, C.H.C MUKKOM, KOZHIKODE. 4. HAMSA ISMALI, HEALTH SUPERVISOR, M.C.H. UNIT, CHEROOPPA, KOZHIKODE. 5. JOSE JOHN, HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, MELADY, KOZHIKODE DISTRICT. BY ADV. SRI.M.V.BOSE, SRI.VINOD MADHAVAN. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN-695 001. R1 & R2 BY GOVT. PLEADER MR.L.G. SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 36169 of 2010(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PERSONS TO BE PROMOTED AS DEPUTY DISTRICT EDUCATION MEDIA OFFICERS. EXT.P2: COPY OF THE EXTRACT OF THE SENIORITY LIST OF JUNIOR HEALTH INSPECTOR GRADE II. EXT.P3: COPY OF THE LETTER DATED 01/03/2007. EXT.P4: COPY OF THE APPLICATION DATED 27/07/2009 BY THE 3RD PETITIONER. EXT.P5: COPY OF THE REPLY DATED 20/08/2009. EXT.P6: COPY OF THE LETTER DATED 24/03/2010 OF THE DIRECTOR. EXT.P7: COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DATED 13/07/2009. EXT.P8: COPY OF THE REPRESENTATION OF THE 2ND PETITIONER DATED 29/03/2010. EXT.P9: COPY OF THE REPRESENTATION OF THE 4TH PETITIONER DATED 06/10/2010. EXT.P10: COPY OF THE PROVISIONAL SENIORITY LIST PUBLISHED AS PER ORDER DATED 24/11/2010. EXT.P11: COPY OF THE ORDER DATED 14/03/2011. EXT.P12: COPY OF THE LETTER DATED 07/06/2011 ADDRESSED TO THE DIRECTOR. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.36169 OF 2010 -------------------------------------------- Dated this the 13th day of July, 2011 JUDGMENT The petitioners are Health Supervisors under the Health and Family Welfare Department. According to the petitioners, they are the senior most persons available in the said category and that they are eligible for promotion to the post of Deputy District Education Media Officers. According to them, persons holding higher ranks above the petitioners in Ext.P1 seniority list were already been given promotion to the said post. It is only the subsequent developments that led to the revision of Ext.P1 seniority list and thereby, for the delay in the matter of their promotion. It is further submitted that the seniority list has now, been finalised as per Ext.P11. There is absolutely no further impediment in considering their claim for promotion especially in the light of availability of vacancies as is evident from Ext.P6. It is with such averments that this Writ Petition has been filed. 2. In view of the specific contention of the petitioners that seniority of Health Supervisors in the Health Services Department has W.P.(C) NO.36169/2010 2 already been finalised as per Ext.P11 and that all their seniors have already been granted promotion to the post of Deputy District Education Media Officers and further that they are fully qualified for promotion on account of their seniority in Ext.P11 against the available vacancies, their claims require consideration by the competent authority. In that view of the matter, I am inclined to dispose of this Writ Petition with a direction to the respondents to consider the aforesaid contentions of the petitioners. In case the seniority of the Health Supervisors in the Health Services Department was finalised as per Ext.P11 and the turns of the petitioners for consideration for promotion are due, the respondents shall consider the claim of the petitioners for promotion, in accordance with law and subject to the availability of vacancies in the post of Deputy District Education Media Officers. This shall be done expeditiously. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36169/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.36169/2010 4