IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 13334 of 2008(K) -------------------------- PETITIONER: ------------ SMT.L.VIJAYAKUMARI, MEDICAL RECORDS LIBRARIAN GRADE I, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. BY ADV. SRI.T.R.RAVI RESPONDENTS: ------------- 1. SMT.P.P.KARTHU, AGED 54 YEARS, W/O.M.K.VISWAM, MALANI HOUSE, THRISSUR DISTRICT. 2. SMT.P.D.JAYA, MEDICAL RECORDS SUPERINTENDENT, KOZHIKODE MEDICAL COLLEGE, KOZHIKODE. 3. SMT.RAMANI BAI, MEDICAL RECORDS SUPERINTENDENT, S.A.T.HOSPITAL, MEDICAL COLLEGE PO THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HEALTH AND FAMILTY DEPARTMENT, THIRUVANANTHAPURAM. 5. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER). BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. T.SANKARAN, J. ------------------------------------------------ W.P.(C) No.13334 of 2008 K ------------------------------------------------- Dated, this the 22nd day of May, 2008 JUDGMENT The petitioner is working as a Medical Records Librarian Grade I in the Medical College, Thiruvananthapuram. She was appointed in the year 1990. It is stated that she is eligible for promotion to the post of Medical Records Superintendent. It is also stated that she is ranked 14 in Ext.P7 seniority list of Medical Records Librarian Grade I. The grievance of the petitioner is that over looking her claims, respondents 1 to 3 were promoted for the vacancies which occurred during the years 2003 and 2004. Petitioner contended that respondents 1 and 2 are not eligible for promotion for the post which held vacant before 1.4.2005. It is also stated that third respondent is junior to the petitioner and her name was wrongly included in Ext.P7 list. 2. The petitioner has filed Ext.P15 dated 2.4.2008 and Ext.P16 dated 9.4.2008 against the select list before the Director of Medical Education, Thiruvananthapuram and the Secretary to Government, Health and Family Welfare Department. It is stated that Exts.P15 and P16 are pending disposal. 3. The reliefs prayed for in the Writ Petition are the following:- “i) Call for the records leading upto Exts.P13 and P14 and to quash the same in so far as WP(C) No.13334/2008 2 they include the respondents 2 and 3 as eligible for promotion and grants promotion to the respondents 2 and 3, by the issuance of a writ of certiorari or such other writ order or direction. ii) Call for the records leading up to Exts.P10 and P12 and to quash the same by the issuance of a writ of certiorari or such other writ order or direction. iii) Declare that the action of the respondents 4 and 5 in treating the promotion granted to the first respondent as per Ext.P10, on the basis of Ext.P9 order of this Hon'ble Court, as regular promotion, is illegal. iv) Declare that the action of the respondents 4 and 5 in promoting the 2nd respondent to the vacancy which arose on the retirement of the 1st respondent is illegal. v) Direct the respondents 4 and 5 to consider the objections Exts.P15 and P16 filed by the petitioner to Ext.P13 list and to set right the illegality in the wrong promotions granted to respondents 1 to 3. vi) Grant such other further reliefs that may be prayed for and which this Hon'ble Court deems fit in the circumstances to grant.” 4. The learned counsel for the petitioner confines his reliefs to relief v. For disposing of the Writ Petition, in view of the submissions made by the petitioner, I am of the view that notice to respondents 1 to 3 is not necessary. The learned Government Pleader submits that the fifth respondent may be directed to dispose of Ext.P15 and that would serve the purpose. The WP(C) No.13334/2008 3 petitioner has no objection in passing such an order. Accordingly, the Writ Petition is disposed of directing the fifth respondent to dispose of Ext.P15 dated 2.4.2008 submitted by the petitioner. The petitioner shall make available a copy of the Writ Petition before the fifth respondent. It is submitted by the learned Government Pleader that Ext.P16 will be forwarded to the fifth respondent and the fifth respondent may be directed to dispose of Ext.P16 as if it was a representation submitted before him, so that the entire issue can be resolved. It is made clear that the Government need not dispose of Ext.P16 but shall forward it to the fifth respondent. The fifth respondent shall dispose of Exts.P15 and P16 after affording an opportunity of being heard to the petitioner and respondents 1 to 3. A copy of this judgment shall be forwarded by the petitioner by registered post to respondents 1 to 3 individually and shall produce proof of the same before the fifth respondent before consideration of Exts.P15 and P16. K.T.SANKARAN, JUDGE. cks