IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17573 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------- N.P.MOHAMED, JUNIOR HEALTH INSPECTOR, DEPARTMENT OF OPHTHALMOLOGY,MEDICAL COLLEGE HOSPITAL, KOZHIKODE. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF HELATH SERVICES, THIRUVANANTHAPURAM - 695 001. 3. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM - 695 011. 4. THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, KOZHIKODE - 673 001. 5. MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH CENTRE, RAMANATTUKARA, KOZHIKODE - 673 001. 6. V. ANOOP, JUNIOR HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, RAMANATTUKARA, KOZHIKODE - 673 001. R1 TO R5 BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17573/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF GOVT. ORDER DTD. 25/10/2008 (RELEVANT PAGES). P2: COPY OF FORM OF OPTION FILED BY THE PETITIONER ON 1/12/2008. P3: COPY OF ORDER DTD. 20/11/2010 ISSUED BY THE 3RD RESPONDENT (RELEVANT PAGES). P4: COPY OF REPRESENTATION DTD. 3/12/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5: COPY OF REPRESENTATION DTD. 20/06/2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P6: COPY OF LETTER DTD. 20/06/2011 FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17573/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of June, 2011 J U D G M E N T The petitioner herein is aggrieved by the non consideration of his option submitted as per Ext.P2 so as to continue in the Medical Education stream. 2. It is a case where the petitioner is working as Junior Health Inspector under the fourth respondent. He was appointed as a Junior Health Inspector Grade-II on 20/08/1999 by the Public Service Commission. Thereafter, he has been promoted as Junior Health Inspector Grade-I on 06/04/2005. Ext.P1 is the order by which option was invited from the Hospital staff attached to the Directorate of Medical Education and Directorate of Health Services in the State on abolition of dual control system. It is the case of the petitioner that he filed option as per Ext.P2 dated 01/12/2008. Ext.P3 is the order passed by the second respondent transferring persons from Health Services Department to the Medical Education Service. W.P.(C). No.17573/2011 -:2:- 3. The grievance raised by the petitioner in the writ petition is that probably, by way of omission, the petitioner's name has not been included in Ext.P3 whereas the fifth respondent who is junior to the petitioner has been included. Again by Ext.P4, he filed a representation before the first respondent. Finally, by Ext.P6, his representation has been forwarded by the second respondent-Director of Health Services to the third respondent-Director of Medical Education stating that he is eligible for getting a posting to the Department of Medical Education and his option may be accepted. The apprehension expressed by the learned counsel for the petitioner is that in the meanwhile, he may be relieved from the present station. 4. Evidently, it is a case where the petitioner points out that there was an omission in accepting the option and not including the petitioner in the list produced as Ext.P3. This aspect will be considered by the third respondent to whom Ext.P6 has been forwarded by the second respondent. Appropriate decision will be W.P.(C). No.17573/2011 -:3:- taken within a period of three weeks by the third respondent. In the meanwhile, the petitioner will not be relieved. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the third respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms