IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23703 of 2009(G) -------------------------------- PETITIONER: -------------- DR.V.K.CHELLAMMA, PROFESSOR OF OBSTETRICS & GYNAECOLOGY, MEDICAL COLLEGE, KOZHIKODE. BY MR.ELVIN PETER P.J., ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DR.P.S.KADEEJA MUMTHAS, PROFESSOR, DEPARTMENT OF OBSTETRICS & GYNAECOLOGY, MEDICAL COLLEGE, KOZHIKODE. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23703 OF 2009 --------------------------------------- Dated this the 19th day of August, 2009. J U D G M E N T The petitioner is working as Professor of Obstetrics & Gynecology in the Medical College, Kozhikode. She belongs to Hindu-Sambavar community, a declared Scheduled Caste. Her husband belonged to Nair community and he is no more. The petitioner is due to retire from service on 30.04.2010. She had been continuing in the Medical College, Kozhikode as Assistant Professor, Associate Professor and as Professor of the Department of Obstetrics and Gynecology. 2. The 3rd respondent is senior to the petitioner. But, she has more than 1½ years to retire from service. By Exhibit P8 order, the petitioner was promoted and posted in the Medical College, Alappuzha in an arising vacancy. Pursuant to Exhibit P9, the petitioner was accommodated in the post of Professor in the Department of Nephrology, Medical College, Kozhikode till her retirement on 30.04.2010. That order was modified as per W.P.(C) No.23703/2009 2 Exhibit P10 whereby she is posted against a vacant post of Professor in the Surgical Gastro Entrology Department in the Medical College, Kozhikode. 3. The complaint now raised by the petitioner is that the petitioner is not having the charge of the unit and she is facing difficulties pursuant to that. She had been submitting representations in the matter to the Government as per Exhibits P11 to P15. The main prayer in the writ petition is for a direction to the Government to consider and pass orders on the representations. There will be a direction to the 1st respondent to consider and pass orders on Exhibit P15 in accordance with law, after hearing the petitioner and the 3rd respondent, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp