IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 OP.No. 30329 of 2002(I) ----------------------- PETITIONER(S): --------------- P.MADHUSUDANA KURUP, LECTURER IN HEALTH EDUCATION, DEPARTMENT OF COMMUNITY MEDICINE,MEDICAL COLLEGE, THRISSUR, RESIDING AT NO.10, TYPE III QUARTERS, MEDICAL COLLEGE, VELAPPAYA P.O., THRISSUR-680 596. BY ADVS. MR.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SARITHA DAVID CHUNKATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, MEDICAL COLLEGE, ALAPPUZHA. 5. DR.R.S.NISHA, ASSISTANT PROFESSOR OF COMMUNITY MEDICINE, MEDICAL COLLEGE, ALAPPUZHA. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI ADV. SRI.S.KRISHNAMOORTHY FOR 4TH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... O.P. No. 30329 of 2002 ................................................. Dated this the 11th day of November, 2009 J U D G M E N T The petitioner, a Lecturer in Health Education in the Department of Community Medicine of Medical College, Thrissur has filed this original petition challenging the attempt of the respondents 1 to 4 to re-designate a higher post to which the petitioner could aspire for promotion so as to accommodate the 5th respondent in that post. At the time of filing the original petition, actual re-designation or the accommodation of the 5th respondent in that post had not yet taken place. Although the petitioner filed a petition for stay, no stay was also granted. That being so, without challenging further proceedings for re-designation or appointment of the 5th respondent in that post, the petitioner cannot proceed further. Therefore, without prejudice to the right of the petitioner to challenge such proceedings, if the petitioner can do so at this point of time, this original petition is closed. S. SIRI JAGAN, JUDGE rhs