IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 13750 of 2009(K) -------------------------- PETITIONERS: --------------- 1. G.SUNILKUMAR, S/O.L.GOPINATHAN, AGED 38 YEARS, WORKING AS FIELD WORKER, N.F.C.P.UNIT, THIRUVANANTHAPURAM, RESIDING AT GOPI NIVAS, PANAYILKADAVU, VAKKAM P.O., THIRUVANANTHAPURAM 695308. 2. MOHAMMED BADUSHAN, S/O.YAHIYA KUTTY, AGED 33 YEARS, WORKING AS PEON, W&C HOSPITAL, THYCAUD, THIRUVANANTHAPURAM, RESIDING AT FATIMA MANZIL, 18TH STONE, THOLIKODE P.O., NEDUMANGAD, THIRUVANANTHAPURAM 695541. 3. V.AJIKUMAR, S/O.VELU PILLAI, AGED 36 YEARS, WORKING AS FIELD WORKER, N.F.C.P.UNIT, THIRUVANANTHAPURAM, RESIDING AT PUTHEN VEEDU, AYANIKKATTUKONAM, MADAVOOR, PALLICKAL P.O., 695 602. 4. RAJAKUMAR V., S/O.VASUDEVAN NAIR, AGED 34 YEARS, WORKING AS FIELD WORKER, N.F.C.P.UNIT, THIRUVANANTHAPURAM, RESIDING AT VASUDEVAVILASOM, MOONGOTTUKONAM, KARODE, VILAPPILSALA P.O., THIRUVANANTHAPURAM-695573. 5. SASIKUMAR G., S/O.T.R.GOPALAKRISHNAN, AGED 41 YEARS, WORKING AS PEON, OFFICE OF DISTRICT MEDICAL OFFICER OF HEALTH, ALAPPUZHA, RESIDING AT USHA NIVAS, PATHIRAPPALLY P.O., ALAPPUZHA 688521. 6. BEENA P.S., W/O.ANAND K.S., AGED 31 YEARS, WORKING AS FIELD WORKER, N.F.C.P UNIT, THIRUVANANTHAPURAM, RESIDING AT THIRUVONAM, MARAGADU P.O., UZHAMALAKKAL, NEDUMANGAD. W.P.(C) NO.13750/2009 7. RASKUMAR S.R., S/O.C.SASIDHARAN NAIR, AGED 31 YEARS, WORKING AS FIELD WORKER, N.F.C.P UNIT, THIRUVANANTHAPURAM, RESIDING AT RAS NIVAS, VADAKKE JUNCTION, VILAPPILSALA P.O., THIRUVANANTHAPURAM 695 573. 8. K.S.JAYACHANDRAN, S/O.K.KUMARA PILLAI, AGED 33 YEARS, WORKING AS PEON, OFFICE OF DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM, RESIDING AT JAYA BHAVAN, MANNAMVILAKAM, THIRUPURAM P.O., THIRUVANANTHAPURAM- 695133. 9. S.PRASANNAKUMAR, S/O.SUKUMARAN, AGED 41 YEARS, WORKING AS FIELD WORKER, N.F.C.P UNIT, CHERTHALA, RESIDING AT CHENNAMKATTUVELI, NORTH ARYAD P.O., NETAJI, ALAPPUZHA. 10. SANTHOSH R., S/O.N.RAJAPPAN, AGED 45 YEARS, WORKING AS PEON, OFFICE OF THE FOOD INSPECTOR, ALAPPUZHA CIRCLE, ALAPPUZHA, RESIDING AT PADIPURAKKAL HOUSE, THUMBOLI WARD, ALAPPUZHA. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR SMT.SANDHYA RADHAKRISHNAN SRI.LEO GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, KOTTAYAM. GOVT.PLEADER, SRI. RAVI KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13750/2009 APPENDIX PETITIONER'S EXTS; EXT.P1: COPY OF G.O.(MS) NO.24/89 DT.23.1.1989. EXT.P2: COPY OF THE JUDGMENT IN W.P.(C) NO.17383/2008 DT.13.6.2008. EXT.P3: G.O.(O) NO.344/2008 DT.8.7.2008. EXT.P4: COPY OF THE ORDER ISSUED BY THE GOVT. DT.23.1.2009. EXT.P5: COPY OF THE ORDER OF THE 2ND RESPONDENT DT.28.2.2009. EXT.P6: COPY OF THE POSTING ORDER ISSUED BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM DT.25.3.2009. EXT.P7: COPY OF THE CLARIFICATION ISSUED BY THE CHIEF ELECTORAL OFFICER DT.9.3.2009. EXT.P8: COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.A.NO.470/2009 AND CONNECTED CASES DT.5.3.2009. EXT.P9: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DT.27.3.2009. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.P.(C)No13750 OF 2009 ------------------------------- Dated this the 5th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. It is ordered that the judgment in W.A.No.470/2009, which was disposed of by us today, will govern this Writ Petition also. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps