IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 31240 of 2009(Y) -------------------------- PETITIONER(S): --------------- DR.S.P.REVIKUMAR, CONSULTANT (MANAGEMENT) CTI, KERALA STATE INSTITUTE OF HEALTH & FAMILY WELFARE, THYCAUD, THIRUVANANTHAPURAM. 14. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT(S): --------------- 1. THE KERALA STATE INSTITUTE OF HEALTH & FAMILY WELFARE (KSIHFW) & COLLABORATING TRAINING INSTITUTE (CTI), OF NIHFW, THYCAUD, THIRUVANANTHAPURAM. 695 104, REPRESENTED BY ITS DIRECTOR. 2. THE NATIONAL INSTITUTE OF HEALTH & FAMILY WELFARE, MUNIRKA, NEW DELHI - 110 067, REPRESENTED BY ITS DIRECTOR. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL FOR R2 GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 31240/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE RELEVANT EXTRACT OF ORDER DTD.18.1.2001. P2. COPY OF THE appointment ORDER DTD.29.9.07. P3. COPY OF THE LETTER DTD.6.10.2009. P4. COPY OF THE CERTIFICATE DTD.17.11.2008. P5. COPY OF THE PETITION DTD.21.10.09 BEFORE R3. P6. COPY OF THE NOTIFICATION. P7. COPY OF THE ORDER DTD.11.11.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.31240 of 2009 ================== Dated this the 10th day of November, 2010 J U D G M E N T The petitioner is now working as Consultant (Management) under the 1st respondent on contract basis since 2007. According to the petitioner, he is entitled to continue till he attains the age of 62 years or till a regular hand is appointed. The 1st respondent issued Ext.P3 communication to the Director, National Institute of Health and Family Welfare, New Delhi, recommending the case of the petitioner. The matter is pending consideration before the 2nd respondent. In the meanwhile, the 1st respondent has issued Ext.P6 notification inviting applications for appointment of a new set of contractual employees for the 1st respondent. The petitioner is challenging the same seeking the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext.P6 and quash the notification proposing to fill up the post of Consultant (Management) under the 1st respondent; (i)(a) issue a writ of certiorari or other appropriate writ, order or direction, calling for the records leading to Ext.P7 and quash the same to the extent it orders termination of services of the petitioner as Consultant (Management). ii) Issue a writ of mandamus or any appropriate writ, order or direction, directing the 1st respondent to extend the service of the petitioner as Consultant (Management) in the Collaborating Training Institute of 2nd respondent till he attains the age of 62 years or till a regular hand is appointed to the post; iii) Direct the 1st respondent not to terminate the services of the petitioner as Consultant (Management) for appointing another contract employee; iv) Direct the 3rd respondent to dispose of Ext.P5 forthwith.” w.p.c.31240/09 2 Subsequent to filing of the writ petition, the service of the petitioner has been terminated by Ext.P7 order. The petitioner now submits that this writ petition may be disposed of with a direction to the 2nd respondent to take a decision pursuant to Ext.P3 expeditiously. 2. I have heard the learned Government Pleader and the learned Assistant Solicitor General also. 3. Having heard both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider and take a decision on Ext.P3, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge