IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9469 of 2008(B) PETITIONER: K.S.SREENIVASAN ACHARY, STATE HEALTH TRANSPORT OFFICER, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.9469 of 2008 ------------------------- Dated this the 19th day of March, 2008. JUDGMENT The petitioner entered service as an Assistant Health Transport Officer in the Health Services Department. Certain persons, who had also been appointed as Assistant Health Transport Officers, were promoted as State Health Transport Officers and had retired in that capacity. But when the turn of the petitioner arose, the vacancies in the post of State Health Transport Officer were reported to Public Service Commission for direct recruitment. But, pending selection, the petitioner was provisionally promoted as State Health Transport Officer. Apparently, he has been continuing in the said post. In the meanwhile, the post of Assistant Health Transport Officer available in the Health Services Department came to be abolished vide Ext.P1 order. The selection initiated by the Public Service Commission in relation to the post of State Health Transport Officer was completed and a candidate was advised for appointment, as evidenced by Ext.P3 and he reported for duty. Consequently, under Ext.P2, the petitioner was reverted to the post of Assistant Health Transport Officer. The only relief now W.P.(C).NO.9469/08 :: 2 :: prayed for by the petitioner is that since he has to retire from service on 31.10.2008, he may not be compelled to discharge the duties in his entry post, especially when such post is abolished. He seeks permission for voluntary retirement. Ext.P2 representation is pending before the Government. In the circumstances, after hearing the learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the Government to consider Ext.P2 and pass appropriate orders thereon within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge