IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 13946 of 2007(I) ---------------------------------------- PETITIONER(S): ------------------------ R.AMMINI, ASST. INSTRUCTOR, SANATORIUM FOR CHEST DISEASES, PULAYANARKOTTAH. BY ADV. MR.K.N.CHANDRABABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH TRIVANDRUM. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13946/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ODER NO.EF4-99294/92/DHS DT. 23.1.93. P2:- COPY OF THE ORDERR NO.EF4-998294/92/DHS DT. 4.10.93. P3:- COPY OF THE ORDER ISSUED BY THE GOVERNMENT ON 17.1.05. P4:- COPY OF THE JUDGMENT IN WPC. NO.4916/2005 DT. 15.6.05. P5:- COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P6:- COPY OF THE ORDER NO.A2-10493/07/DMO (H) DT. 20.4.07 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13946/2007-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of March, 2009 J U D G M E N T The petitioner has been working as Assistant Instructor, Sanatorium for Chest Diseases, Pulayanarkottah. She was appointed through the Public Service Commission at Pariyaram, Kannur, which is evidenced by Ext.P1 order. By Ext.P2 order her service was regularised. Later the post itself has been shifted from Pariyaram to Pulayanarkottah and, accordingly, she is working as Instructor in the Rehabilitation Wing, Pulayanarkottah. The petitioner was redeployed as C.S.R Technician Gr-I as per Ext.P3 order. 2. According to the petitioner, it is carrying lesser pay and the post is meant for persons having lesser qualification. The contention raised is that she can be redeployed to any other category in par to the post which she was holding, i.e. Assistant Instructor Gr-II except C.S.R Technician Gr- I, which is a post far inferior to the post which she was holding. Earlier the petitioner along with another person had filed W.P.(C).No.4916/2005, challenging the same which was dismissed without prejudice to their right to point out any vacancy which may arise in future and seek accommodation. Fresh orders have been passed as per Ext.P6, which does W.P.(C) No.13946/2007 -:2:- not suit her interest. It is upto the petitioner to invite the attention of the first respondent in the matter by way of a suitable representation. It is submitted by the learned counsel for the petitioner that the petitioner has already moved respondents 1 and 2 in the matter. Therefore, the writ petition is disposed of directing respondents 1 and 2 to consider the representation of the petitioner in accordance with law and pass appropriate orders within a period of four months from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms