IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 9780 of 2010(V) ------------------------- PETITIONER(S): ----------------------- AJITHKUMAR.R., S/O.B.RAMACHANDRAN PILLAI, JUNIOR HEALTH INSPECTOR GRADE-I, PRIMARY HEALTH CENTRE, EZHUKONE, PAVITHRESWARAM, KOLLAM DISTRICT. BY ADV. MR.M.V.THAMBAN MR.R.REJI MR.V.K.SATHYANATHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT C.T.RAVIKUMAR, J. ---------------------- W.P.(C) No.9780 of 2010 --------------------------------- Dated this the 6th day of April 2010 J U D G M E N T This writ petition has been filed raising grievances against the seniority list of Junior Health Inspector Grade II as on 31.12.1996 as also against the seniority list published in the year 2008. According to the petitioner, he was given inter-district transfer to Kollam District considering the fact that he is a dependent of an ex-service man who got disabled and released on account of the accident while serving the army. Such transfers would not entail loss of seniority, it is contended. However, ignoring the said fact in the aforesaid seniority lists, he was not included. Being aggrieved by the non-assignment of the seniority in the appropriate place, the petitioner has submitted Ext.P8 representation before the 2nd respondent. 2. According to the petitioner, he was given an inter district transfer as per Ext.P3 granting the benefit of Ext.P4 W.P.(C) No.9780 of 2010 -2- Government Order dated 3.9.1997. The said government order dated 3.9.1997 makes it clear that such transfers would not entail loss of seniority. The said contentions require serious consideration by the 2nd respondent. Therefore, the 2nd respondent is directed to consider Ext.P8 representation submitted by the petitioner, in the matter of assignment of seniority in the appropriate place in the seniority list of Junior Health Inspector Grade II as on 31.12.1996 and also in the subsequently drawn seniority list. At the same time it is to be looked in to whether the claim of the petitioner is belated and whether other employees who were given seniority above him could raise sit back theory etc. to defend their settled seniority. Hence, while considering the claim of the petitioner in Ext.P8 other employees in the category of Junior Health Inspector Grade II, who are likely to be affected they shall also be put a notice before taking a decision. This shall be done within a period of three months. C.T.RAVIKUMAR, JUDGE Jvt