IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4358 of 2009(R) ------------------------- PETITIONERS: --------------- 1. S.UDAYAN, JUNIOR HEALTH INSPECTOR GR.II, PRIMARY HEALTH CENTRE, VILAKKUDY, KUNNICODE P.O., KOLLAM. 2. SURESH S., JUNIOR HEALTH INSPECTOR GR.II, PRIMARY HEALTH CENTRE, K.S.PURAM, KOLLAM. 3. AJITH A., JUNIOR HEALTH INSPECTOR GR.II, PRIMARY HEALTH CENTRE, MANCODE, CHITHARA, KOLLAM. 4. T.SUDHAKARAN, JUNIOR HEALTH INSPECTOR, GR.II, COMMUNITY HEALTH CENTRE, PATHANAPURAM, KOLLAM. 5. SREEKALA V.S., JUNIOR HEALTH INSPECTOR, GR.II, PRIMARY HEALTH CENTRE, POOZHANADU, THIRUVANANTHAPURAM. 6. RADHAKRISHNA PILLAI R., JUNIOR HEALTH INSPECTOR, GR.II, COMMUNITY HEALTH CENTRE, THRIKADAVOOR, KOLLAM. 7. MARSILEEN J., S/O. JOSEPH, JUNIOR HEALTH INSPECTOR, GR.II, COMMUNITY HEALTH CENTRE, VIZHINJAM, THIRUVANANTHAPURAM. 8. BINU B., JUNIOR HEALTH INSPECTOR, GR.II, COMMUNITY HEALTH CENTRE, MANAMBOOR, THIRUVANANTHAPURAM. 9. ABDUL JALEEL, JUNIOR HEALTH INSPECTOR, GR.II, PRIMARY HEALTH CENTRE, CHAVARA, KOLLAM DISTRICT. WP(C).No. 4358 of 2009 -2- 10. SHIHABUDEEN, JUNIOR HEALTH INSPECTOR, GR.II, PRIMARY HEALTH CENTRE, PATHANAPURAM, KOLLAM. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENTS: -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.4358 of 2009 -------------------------- Dated this the 10th February,2009 J U D G M E N T Petitioners are seeking for a declaration that the appointment of petitioners as Junior Health Inspectors Gr.II are eligible to be revised and are to be given effect from the respective dates on which they acquired qualification/submitted applications for such appointment after acquiring the qualification with all consequential benefits including seniority, fixation of pay etc. 2. Petitioners are working as Junior Health Inspector Gr.II. Petitioners have been appointed by transfer or promotion from the posts of Peons/Field Workers in the Health Department. The dates when petitioners entered service have been stated in paragraphs 1 to 13 of the writ petition. As per Exhibit- P2, the 1st petitioner has sought for appointment as Junior Health Inspector Gr.II. Similar representations have been submitted by other petitioners also. Petitioners submitted W.P ( C) No.4358 of 2009 2 the applications after acquiring the technical qualification and eligibility for appointment as Junior Health Inspector Gr.II. The details of such applications are stated in paragraphs 15 and 16 of the writ petition. These representations were rejected on 27.3.2002 stating that the same did not merit any consideration. This resulted in filing of O.P No.4959 of 2002. The writ petitions were heard along with other similar cases. This court by judgment dated 4.9.2002 set aside the orders of respondents and declared that the petitioners were entitled to be considered for promotion to the post of Junior Health Inspector Gr.II in the light of Exhibit-P1. 3. It is the contention of the petitioners that to circumvent the judgment rendered as above, Government issued the order dated 10.2.2003 suspending the operation of Exhibit-P1 order to the extent it related to the first method of appointment, i.e. appointment by transfer/ promotion. The same has been produced as Exhibit-P6. This was under challenge in O.P. 13442 of 2002 and connected cases. This Court by judgment dated 5.11.2003 W.P ( C) No.4358 of 2009 3 quashed the order dated 10.2.2003. There was a further direction that the direct recruitments made during the pendency of the writ petition shall be regularized only after considering the claims for promotion and after hearing the parties. For non-implementation of the said direction, the 1st petitioner had filed C.C.C No.38 of 2004. It was closed on 12.2.2004 based on the undertaking by the Government that the Government did not propose to appoint any person to the post of Health Inspector Gr.II in the direct recruitment quota. 4. According to the petitioner, there was further delay in the matter and only by Exhibit-P8 alone directions were issued to fill up the vacancies of Junior Health Inspector Gr.II by promotion. Thereafter,petitioners were appointed as per Exhibit-P9 and other similar orders. 5. Petitioners contend that they were deliberately denied the appointment immediately after they acquired the qualifications. 6. In these circumstances, they have filed Exhibits P10, and P11 to P11 (h) representations before the 1st W.P ( C) No.4358 of 2009 4 respondent. 7. Heard learned counsel for the petitioner and the learned Government Pleader. 8. In view of the fact that petitioners are seeking for a retrospective promotion, it is up to the 1st respondent to consider the same, in accordance with law, after affording an opportunity of being heard to the petitioners and any other affected parties. 9. In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Exhibits P10, and P11 to P11(h), within a period of four months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.4358 of 2009 5 W.P ( C) No.4358 of 2009 6