IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 14207 of 2009(U) -------------------------------------- PETITIONER(S): ---------------------- RAJESWARI. K.A., HOSPITAL ATTENDER GR.II, PRIMARY HEALTH CENTER, EDAVANAKKAD. BY ADV. MR.K.S.MADHUSOODANAN MR.T.V.JAYAKUMAR NAMBOODIRI MR.THUSHAR NIRMAL SARATHY MR.M.M.VINOD KUMAR RESPONDENT(S): ------------------------- STATE OF KERALA TO BE REP. BY SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 14207 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of May, 2009 JUDGMENT Heared Shri K..S. Madhusoodanan, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman the learned Government Pleader appearing for the respondent. 2. The petitioner who is presently working as Hospital Attender Grade II has filed this writ petition seeking a writ in the nature of mandamus commanding the respondent to consider Ext.P2 representation and pass orders thereon within a time limit to be fixed by this Court. 3. The petitioner entered service as Part Time Contingent Cleaner on 16.04.2007. She was then aged 52 years. She was promoted as Hospital Attender Grade II, by Ext.P1 order dated 16.10.2007. As a Part Time Contingent employee, the petitioner could have continued in service till W.P.(C) 14207/09 -2- she attained the age of 70 years. However, she lost that right by reason of her promotion as Hospital Attender Grade II, from which post she will have to retire on attaining 55 years of age. According to the petitioner, before she was promoted, she was not informed of this contingency and that the direction issued by the Government in circular dated 13.04.1989 referred to in ground C of the writ petition was not followed before she was promoted. She submits that pointing out these and other aspects, she has moved the Government by submitting Ext.P2 representation dated 26-3-2009 requesting for cancellation of her promotion and reversion to the post of Part Time Contingent Cleaner, so as to enable her to continue in service till she attains the age of 70 years. The petitioner submits that if she retires from service on attaining the age of 55 years, she will have less than 4 years of service and will not get pension. The petitioner submits that since the promotion was effected without following the procedure prescribed in the circular W.P.(C) 14207/09 -3- referred to in ground C of the writ petition, this is a fit case for invoking the power of relaxation under Rule 39 of Part II of the K.S and S.S.R. 4. The learned Government Pleader appearing for the respondent submits that the question whether the circular referred to in ground C was followed before the petitioner was promoted can be gone into by the Government while passing orders on Ext.P2 and that the Government will consider the request made by the petitioner and pass orders thereon expeditiously. 5. The petitioner will attain the age of superannuation on 31.08.2010. As per the rules presently in force, she can she continue in service till 31.03.2011. Though the petitioner has more than 22 months of service left, I am of the opinion that expeditious orders have to be passed on Ext.P2 representation. I, accordingly dispose of this writ petition with a direction to the respondent to consider the request made by the petitioner in Ext.P2, in the light of the circular referred W.P.(C) 14207/09 -4- to in ground C of the writ petition and pass orders thereon, after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE. mn.