IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 16425 of 2008(E) -------------------------- PETITIONER: ------------ BINDU V.S., W/O RADHAKRISHNAN, VAISHNAVAM, BHAGAVATHI NADA, BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, SECRETARIAT , THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICE, NEAR GENERAL HOSPITAL THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.16425 of 2008 -------------------------- Dated this the 11th August, 2008 J U D G M E N T The petitioner is a person included in Exhibit-P2 ranked list for the post of Junior Health Inspector Grade II in Thiruvananthapuram District. That list came into force on 31.10.2007. The petitioner is ranked No.72 in the main list. The rules governing the qualifications and method of appointment to the post of Junior Health Inspector Gr.II are contained in Exhibit R3 (a) - G.O (MS) No.24/89/H&FWD dated 23.1.1989. As per the said order, the direct recruitment can be made to the post of Junior Health Inspector Gr.II only in the absence of technically qualified hands in the Health Services Department. As per Exhibit-R3 (a), the primary method of appointment to the post of Junior Health Inspector Gr.II is by promotion/transfer of technically qualified hands in the Health Services Department. By Exhibit-P3 order dated 30.4.2008 which was issued pursuant to the directions issued by this Court in W.P(C) No.36371 of 2007, the W.P ( C) No.16425 of 2008 2 Government provisionally decided to change the method of recruitment stipulated in Exhibit-R3 (a). It was decided that a ratio of 50:50 will be fixed between the appointment by promotion/transfer and by direct recruitment. This writ petition was filed seeking a writ in the nature of mandamus commanding the respondents 1 and 2 to give effect to the provisional decision in Exhibit-P3 and to report the vacancies of Junior Health Inspectors Gr.II that arose on or after 30.4.2008. 2. A statement dated 20.6.2008 has been filed on behalf of the 3rd respondent, wherein, it is stated that Exhibit-P3 is only a provisional decision and that the Government is yet to take a final decision in the matter in consultation with the Kerala Public Service Commission. 3. Today when the writ petition came up for admission, Smt. M.R.Sreelatha, the learned Government Pleader submitted that by G.O (P) No.344/2008/H&FWD dated 08.07.2008, the Government have given effect to the provisional decision contained in Exhibit-P3. It was also brought to my notice that the validity of the order dated W.P ( C) No.16425 of 2008 3 08.07.2008 has been challenged in a series of writ petitions before this Court. In the light of the facts noticed above and as the only relief pressed before me was for a direction to respondents 1 and 2 to give effect to Exhibit- P3, no further orders are necessary in this writ petition except to record that Government have finalised the proposal in Exhibit-P3 by issuing the Government Order dated 8.7.2008. Since the validity of the Government Order is under challenge in other writ petitions, the petitioner will be free to pursue her remedies in other appropriate proceedings. The Writ Petition is closed leaving open the petitioner's contentions in that regard. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.16425 of 2008 4 W.P ( C) No.16425 of 2008 5