IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 3690 of 2009(L) -------------------------------------- PETITIONER(S): ------------------------- P.K.SHIBU, PEON, PRIMARY HEALTH CENTRE, KUDAYATHOOR, IDUKKI DISTRICT. BY ADVS. MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. SHEEJA PEETHAMBARAN, PEON, PRIMARY HEALTH CENTRE, MUZHAPILANGU.PO, KANNUR DISTRICT. 4. RAVEENDRAN.E.M, FIELD WORKER, N.F.C.P.UNIT, KASARAGOD.PO. (RESPONDENTS 3 AND 4 ARE IMPLEADED IN A REPRESENTATIVE CAPACITY) R1 & R2 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3690/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(MS) NO.24/89/H*FWD DTD. 23/01/1989. P2: COPY OF G.O.(RT) NO.3092/O4/H&FWD DTD. 1/11/2004 WITH THE APPENDIX. P3: COPY OF THE PROSPECTUS OF DIPLOMA IN HEALTH INSPECTOR COURSE. P4: COPY OF DIPLOMA CERTIFICATE ISSUED BY THE DEPARTMENT OF HEALTH SERVICES TO THE PETITIONER. P5: COPY OF G.O.(RT) NO.344/2008/H&FWD DTD. 8/07/2008. P6: COPY OF ORDER DTD. 7/10/2008 WITH THE SENIORITY LIST FOR PROMOTION AS JUNIOR HEALTH INSPECTOR GRADE II. P7: COPY OF APPLICATION DTD.18/12/2008 FILED BY DINESAN P.M. TO STATE PUBLIC INFORMATION OFFICER. P8: COPY OF REPLY DTD. 15/01/2009 GIVEN BY STATE PUBLIC INFORMATION OFFICER. P9: COPY OF REPRESENTATION DTD. 6/11/2008 TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. --------------------------- W.P.(C) No.3690 of 2009 --------------------------- Dated this the 9th day of October, 2009 JUDGMENT The petitioner is a peon in the Family Welfare Department. He aspired for promotion to the post of Junior Health Inspector Grade II. Qualification prescribed for the said post as per Ext.P1 dated 23.1.1989 included a Multi Purpose Workers Training Certificate imparted by the Kerala State Health Services Department or its equivalent. In the absence of the same, Health Inspector's Training Certificate or the Sanitary Inspector's Training Certificate (Diploma) of the All India Institute of Local Self Government, Bombay was also treated as an adequate qualification. Method of appointment prescribed for the post of Junior Health Inspector Grade II is by promotion/transfer of technically qualified hands in the Health Services Department and by direct recruitment in the absence of the above. 2. Ext.P6 shows that the seniority list of Junior Health Inspector Grade II by transfer appointment W.P.(C)No.3690 of 2009 :: 2 :: has been published. The petitioner is not included therein. 3. In the meanwhile, the qualifications prescribed for the post were amended as per Ext.P5 order dated 8.7.2008. A ratio also came to be prescribed for promotion/transfer and direct recruitment. Diploma in Health Inspector Course (DHIC) was prescribed as a qualification for appointment to the post of Junior Health Inspector Grade II from the date of Ext.P5 order or from the date of expiry of the existing rank list. 4. In effect, therefore, the continuance of Ext.P1 notification is to be applied in relation to the vacancies in the post of Junior Health Inspector Grade II available as on the date of Ext.P5 order. 5. The grievance of the petitioner highlighted in the writ petition is that the primary and alternate technical qualifications prescribed in Ext.P1 has now been combined and is now being treated as one qualification even for the purpose of filling up of W.P.(C)No.3690 of 2009 :: 3 :: the vacancies existing as on the date if Ext.P5. Learned counsel for the petitioner contends that DHIC could be treated as a qualification under Ext.P5 and in respect of which were remaining unfilled on the date of Ext.P5. The first technical qualification prescribed in Ext.P5, viz., Multi Purpose Workers Training Certificate imparted by the Kerala State Health Services Department or its equivalent should have been treated as a primary technical qualification and only if there are inadequate number of persons possessing the above qualifications that persons possessing Health Inspector's Training Certificate need be considered as such. It is further contended that the petitioners possess DHIC, which is not only the qualification prescribed as per Ext.P5, but also equivalent to the Multi Purpose Workers Training Course imparted by the Kerala State Health Services Department and prescribed in Ext.P1. 6. These are matters that are highlighted in Ext.P9 representation and I am of the view that it W.P.(C)No.3690 of 2009 :: 4 :: requires consideration by the 1st respondent. The 1st respondent shall look into Ext.P9 and see that the aspects therein are also considered, in the course of filling up the vacancies of Junior Health Inspector Grade II in the Health Services Department. Writ petition is disposed of above. Sd/- (V.GIRI) Judge sk/ //true copy//