IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17125 of 2008(L) -------------------------- PETITIONER: ------------ BIJU K.V., FIELD WORKER, N.F.P.C. UNIT, ERNAKULAM, RESIDING AT KOZHIKODATH HOUSE, NEELESWARAM P.O., ALUVA TALUK. BY ADV. SRI.CHERIAN VARGHESE SRI.P.K.MAJEED RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).17125/2008 -------------------- Dated this the 10th day of June, 2008 JUDGMENT Petitioner essentially challenges Ext.P13 order, passed by the Government pursuant to the judgment of this Court in Writ Petition No.36371/2007, Ext.P12. The issue relates to the appointment to the post of Junior Health Inspector Grade-II. The method of appointment currently in force is prescribed under Ext.P2, where the principal method of appointment is by promotion/transfer of technically qualified hands in the Health Services Department and in the absence of technically qualified hands for appointment by promotion/transfer, by direct recruits. Petitioner is working as Field Worker in the National Filaria Control Programme Unit and submits that he is otherwise qualified to be promoted/appointed as Junior Health Inspector Grade-II. Essentially the petitioners' contention is that in Ext.P13 order, the Government has provisionally decided that a ratio of 50:50 will be fixed between appointment by W.P.(C).17125/2008 2 promotion/transfer and direct recruitment for the post of Junior Health Inspector Grade-II. This requires an amendment of Ext.P2 and therefore, the Public Service Commission will be consulted in this regard. According to the petitioner, till such amended orders are issued, existing vacancies are to be filled up only in terms of Ext.P2 order. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. The challenge against Ext.P13 order is premature. In fact the Government has not taken any final decision in the matter of amendment of Ext.P2. Government has made it clear that the vacancies existing on 31.10.2007 will be filled up by promotion. It is upto the Government to decide whether the vacancies which arise after 31.10.2007, will have to be necessarily filled up now. But, obviously if they are to be filled up, they can be done only as per the orders which are currently existing. W.P.(C).17125/2008 3 If the petitioner is also qualified and eligible to be considered, then he shall be so considered. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs