IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 6914 of 2009(H) ------------------------------------- PETITIONERS: --------------------- 1. R.VIJAYAKUMARI, SR.GRADE OPHTHALMIC ASSISTANT, REGIONAL INSTITUTE OF OPHTHALMOLOGY, GOVT.OPHTHALMIC HOSPITAL, THIRUVANANTHAPURAM. 2. L.SHEELA, SR.GRADE OPHTHALMIC ASSISTANT, REGIONAL INSTITUTE OF OPHTHALMOLOGY, GOVT.OPHTHALMIC HOSPITAL, THIRUVANANTHAPURAM. 3. T.T.JOSEPH, SR.GRADE OPHTHALMIC ASSISTANT, DISTRICT HOSPITAL,MANCHERI,MALAPPURAM. 4. SIVANAND P.K., SR.GRADE OPHTHALMIC ASSISTANT, MEDICAL COLLEGE HOSPITAL, DEPARTMENT OF OPHTHALMOLOGY, KOZHIKODE. 5. MARY KUTTY THOMAS, SR.GRADE OPHTHALMIC ASSISTANT,(HG), COMMUNITY HEALTH CENTRE, ULLIYERI,KOZHIKODE. BY ADV. MR.T.RAJASEKHARAN NAIR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. W.P.(C). NO.6914/2009-H: 2. THE DIRECTOR OF HEALTH SERVICES, HEALTH DIRECTORATE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE CHAIRMAN,BIFURCATION COMMITTEE, SECRETARIAT,THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, ALONG WITH W.P.(C). NO. 8348/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6914/2009-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER VIDE G.O. (P). NO. 548/2008/H. & FWD, DTD. 25/10/2008, ISSUED BY THE R.1. EXT.P.2: COPY OF THE OPTIONS SUBMITTED BY THE P.1. BEFORE THE CONCERNED AUTHORITY. EXT.P.3: COPY OF THE OPTIONS SUBMITTED BY THE P.2. BEFORE THE CONCERNED AUTHORITY. EXT.P.4: COPY OF THE OPTIONS SUBMITTED BY THE P.3. BEFORE THE CONCERNED AUTHORITY. EXT.P.5: COPY OF THE OPTIONS SUBMITTED BY THE P.4. BEFORE THE CONCERNED AUTHORITY. EXT.P.6: COPY OF THE OPTIONS SUBMITTED BY THE P.5. BEFORE THE CONCERNED AUTHORITY. EXT.P.7: COPY OF THE STATE WISE SENIORITY LIST OF OPHTHALMIC ASSISTANTS IN THE STATE PUBLISHED BY THE R.2. EXT.P.8: COPY OF THE GOVERNMENT ORDER VIDE G.O. (P).NO.56/2009/H & FWD, DTD. 27/02/2009 ISSUED BY THE R.1. EXT.P.9: COPY OF THE REPRESENTATIONS SUBMITTED BY THE P.1. BEFORE THE R.2. EXT.P.10: COPY OF THE REPRESENTATIONS SUBMITTED BY THE P.2. BEFORE THE R.2. EXT.P.11: COPY OF THE REPRESENTATIONS SUBMITTED BY THE P.3. BEFORE THE R.2. EXT.P.12: COPY OF THE REPRESENTATIONS SUBMITTED BY THE P.4. BEFORE THE R.2. EXT.P.13: COPY OF THE REPRESENTATIONS SUBMITTED BY THE P.5. BEFORE THE R.2. EXT.P.14: COPY OF THE LIST OF PERSONS WHO GOT ALLOTMENT FOR THEIR TRANSFER PUBLISHED IN THE COMPACT DISK. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.6914, 8136, 8140 8348 & 8359 of 2009 -------------------------- Dated this the 20th March,2009 J U D G M E N T In all these writ petitions, a common issue arises for consideration pursuant to the decision of the Government to abolish the dual control system of all the Hospital Staff attached to the Medical Education in the State and to give the power of appointment and the administrative control of the staff under the direct control of the Director of Medical Education. A committee was constituted to take a decision to implement the policy decision. Accordingly all the employees were given opportunities to exercise their option. The important criteria as regards the absorption is seniority in service. Applications were invited on 25.10.2008 and the last date for exercising the option was 5.12.2008. In all these writ petitions, respective petitioners have submitted their options. 2. The complaint raised now is that while publishing the list, there is a breach of the principle that was to be adopted namely seniority which has been W.P ( C) No.6914, 8136, 8140 8348 & 8359 of 2009 2 ignored and the claims of petitioners have not been considered in accordance with their seniority in service. The Government Order concerned is GO (P) No.56/2009/H &FWD Dated 27.2.2009. 3. Learned Government Pleader, on instructions, submits that the list now published is not a final one. The claims of all those who have exercised the option will be examined and defects will be rectified and final list will be published after considering the appeals. Therefore, it is informed that the competent authority is seized the matter. Accordingly it is assured that steps will be taken to rectify any error/omission/anomaly in the matter. Therefore, the respective petitioners will be allowed to file their appeal within one week from today and the Director of Health Services will consider the same before the finalisation of the list. The result of the same shall be communicated to the individuals concerned, at the earliest. The writ petitions are disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.6914, 8136, 8140 8348 & 8359 of 2009 3 W.P ( C) No.6914, 8136, 8140 8348 & 8359 of 2009 4 W.P ( C) No.6914, 8136, 8140 8348 & 8359 of 2009 5 W.P ( C) No.6914, 8136, 8140 8348 & 8359 of 2009 6