IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 22629 of 2009(W) -------------------------- PETITIONER: --------------- REJI V.MATHEW, S/O.V.MATHEW, AGED 35 YEARS, DRIVER, GOVERNMENT SCHOOL OF NURSING, THRISSUR, THRISSRUR DIST. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER(HEALTH), THRISSUR DIST. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22629 OF 2009 -------------------------- Dated this the 26th day of August, 2009 J U D G M E N T Heard Sri. V.A.Muhammed, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is presently working as Driver in the Health and Family Welfare Department. He has passed the SSLC examination and has also undergone the Sanitary Inspectors Training (Diploma) Course from the All India Institute of Local Self- Government, Mumbai, after obtaining the requisite permission of the competent authority. He had also applied for and was granted leave without allowances for the said purpose. Employees of the Health and Family Welfare Department who have passed the SSLC examination and the Sanitary Inspectors Training (Diploma) Course from the All India Institute of Local Self-Government, Mumbai, were entitled to be appointed by the promotion/transfer to the category of Junior Health Inspector, Grade II. The qualifications and method of appointment to the said category of post were amended by the W.P.(C) No. 22629/09 2 Government orders dated 30.4.2008 and 8.7.2008. As per the said Government orders, Drivers in the Health and Family Welfare Department became ineligible for appointment by promotion/transfer as Junior Health Inspector, Grade II. The contention raised by the petitioner in this writ petition is that as the amended qualifications took effect only on 8.7.2008, and Drivers stood excluded from the feeder category only with effect from that date, it cannot stand in the way of Drivers being considered for appointment by promotion/transfer as Junior Health Inspector, Grade II, against vacancies which were in existence prior to 8.7.2008. 3. A Division Bench of this Court in Writ Appeal No.470 of 2009 and connected cases has directed the Government to review all appointments made by promotion/transfer and by direct recruitment before 1.11.2007 to the category of Junior Health Inspector, Grade II. Such review was ordered to be undertaken in view of the ratio prescribed for appointment by transfer/promotion and by direct recruitment with effect from 1.11.2007. In my opinion the remedy of the petitioner is to move the Government seeking redressal of his grievances. The pleadings disclose that the petitioner has already W.P.(C) No. 22629/09 3 moved the Government by filing Ext.P17 representation. I, accordingly, dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P17 in the light of the rules governing the field and with reference to the dates on which the vacancies arose. Final orders on Ext.P7 be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Health and Family Welfare Department. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps