IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 10774 of 2011(V) -------------------------- PETITIONER(S): --------------- DR.K.SASI, S/O.KARUNAKARAN, AGED 46 YEARS, STAR HOUSE, PARIPPALLY P.O., KOLLAM DISTRICT. BY ADV. SRI.V.J.JAMES SMT.TINY THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN-695001. 3. THE UNDER SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 4. THE GOVERNMENT OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 10774 of 2011 ================== Dated this the 8th day of April, 2011 J U D G M E N T The petitioner is an Assistant Surgeon in the Health Service Department of the Government of Kerala. Recently Special Rules were amended creating different cadres in the Health Service Department for medical officers. The petitioner is working in the General Cadre. The medical officers were required to submit their options as to which cadre, they want to opt. Exercise of options would be final and thereafter, they would belong to that cadre opted by them. According to the petitioner, the petitioner did not file any option and chose to continue in the General Cadre. The petitioner has considerable number of years of rural service. As rural service would be counted for the purpose of preference in admission to P.G. Course, only if the petitioner continues in the General Cadre, if the petitioner is forced to go over to the Administrative Cadre, the petitioner would lose that benefit. But recently, by Ext.P3 order, the petitioner has been posted as the Superintendent in the Taluk Head Quarters Hospital, Thiruvalla, which is in the Administrative Cadre, on the premise that the petitioner has chosen the Administrative Cadre. The petitioner submits that it is illegal since the petitioner never submitted any option to join the Administrative Cadre. Therefore, the petitioner is entitled to continue in the General Cadre as an Assistant Surgeon as presently doing, is the contention of the petitioner. The petitioner seeks the w.p.c.10774/11 2 following reliefs; “i. Issue a writ of Mandamus or other appropriate Writ, Order of Direction, commanding the 3rd respondents to retain the petitioner in the General Cadre. ii. Issue a Writ of Certiorari quashing Exhibit P3 Promotion and Transfer order holding the same violates of the norms laid down in Exhibit P2 Rules (Kerala Health Services (Medical Officers) Special Rules, 2010)” 2. On 5.4.2011, I directed the learned Government Pleader to get instructions as to whether the petitioner has filed any option to go over to the Administrative Cadre. The learned Government Pleader today submits that the telephonic instruction received by him is to the effect that no option filed by the petitioner is seen in the files. The Government Pleader submits that the matter may be referred for decision to the Government. 3. Having considered the matter, I dispose of this writ petition with a direction to the 4th respondent to consider the issue as to whether the petitioner is entitled to continue in the General Cadre and whether he is validly liable to be shifted to the Administrative Cadre as done in Ext.P3. The decision as directed above, shall be taken, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Till then, the petitioner shall be allowed to continue at Primary Health Centre, Kilimanoor in the General Cadre, notwithstanding Ext.P3. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10774/11 3