IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 27897 of 2011(J) ------------------------ PETITIONER(S): ----------------------- 1. BABU E.K, SON OF GOPALAN, AGED 42 YEARS, RESIDING AT ELEDATHKANDY, KOLATHUR P.O., KOZHIKODE, WORKING AS FIELD WORKER, DVC UNIT, KASARAGOD 2. RAVEENDRAN E.M, SON OF POKKAN, AGED 34 YEARS, RESIDING AT VALAMPOYIL HOUSE, THAROPOYIL P.O., KOZHIKODE, WORKING AS FIELD WORKER, DVC UNIT, KASARAGOD. 3. SHAJI P.K, SON OF PRABHAKARAN, AGED 33 YEARS, RESIDING AT PILAKANDY HOUSE, SIDHASAMAJ P.O., LOKANARKAVU, KOZHIKODE, WORKING AS FILED WORKER, DVC UNIT, KASARAGOD. BY ADVS. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. R1 TO R3 BY SR. GOVT. PLEADER SRI. LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27897 of 2011(J) APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 TRUE COPY OF G.O(MS) NO.24/1989 DATED 23/1/1989 EXT.P2 TRUE COPY OF G.O(P) NO.344/2008 DATED 8/7/08 EXT.P3 TRUE COPY OF THE JUDGMENT IN W.A. NO.470/2009 AND CONNECTED CASES DATED 5/6/2009 EXT.P4 TRUE COPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT DATED 17/5/2010 EXT.P5 TRUE COPY OF THE AFFIDAVIT BY THE THIRD RESPONDENT IN CONTEMPT CASE (CIVL) NO.999/2010 DATED 4/9/2010 EXT.P6 TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT DATED 5/10/2010 EXT.P7 TRUE COPY OF THE CHART PREPARED BY THE PETITIONERS INDICATING THE CLAIMS OF CANDIDATES FOR PROMOTION FOR THE 61 VACANCIES AROSE BETWEEN 1/11/2007 AND 31/3/2010 EXT.P8 TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT DATED 9/11/2010 EXT.P9 TRUE COPY OF A CHART PREPARED BY THE PETITIONERS INDICATING THE CLAIMS OF CANDIDATES FOR PROMOTION TO THE VACANCIES AROSE AFTER 31/3/2010 EXT.P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE THIRD RESPONDENT DATED 30/09/2011 EXT.P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SECOND PETITIONER TO THE THIRD RESPONDENT DATED 30/09/2011 EXT.P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE THIRD PETITIONER TO THE THIRD RESPONDENT DATED 30/9/2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27897 OF 2011 ----------------------------------------------------------- Dated this the 9th November, 2011. JUDGMENT The petitioners are Field Workers in the Health Service Department. According to the petitioners the vacancies in the department of health are to be filled up by promotion of technically qualified hands in the department and in the absence of such qualified persons by direct recruitment. A ratio of 1:3 has been fixed for such promotion. A further ratio of 2:2:1 has been fixed among the last grade employees, field workers and categories other than field workers and last grade employees. The petitioners complain that the above ratio of 2:2:1 is not being followed by the department. They also complain that a review of the promotions made in accordance with Ext.P3 judgment has not been conducted so far. The case of the petitioners is that the ratio mentioned above is to be observed only for appointments made after 1-11- 2007. The petitioners have set out their grievances in Exts.P10 and P12 representations submitted to the third respondent. They complain that no orders have been passed thereon till date. WPC 27897/2011 2 Therefore, they seek the issue of directions for the consideration and disposal of the said representations. 2. I have heard the learned Govt. Pleader also. 3. In view of the limited relief that is claimed, I am of the opinion that the writ petition itself can be disposed of directing consideration of the said representation. 4. This writ petition is accordingly disposed of directing the third respondent to consider the grievances of the petitioners set out in their representations evidenced herein by Exts.P10 and P12 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge The term “Ext.P11” is inserted in between the words “Exts.P10” and the words”and P12” in the 3rd line of paragraph 4 of the judgment dated 9/11/2011 in W.P(C)No: 27897/2011, vide order dated 5/1/2012 in I.A.20534/2011. Sd/- Registrar (Judicial) WPC 27897/2011 3