IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10852 of 2009(B) -------------------------- PETITIONER(S): --------------- DR.N.RAJENDRAN,MEDICAL OFFICER, PUBLIC HEALTH CENTRE,MOODADI,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE. 5. DR.DEEPA S.NAIR,CDH, PULAYANARKOTTA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SR. T.B. HOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.10852 OF 2009 ------------------------ Dated this the 6th day of April, 2009. JUDGMENT The grievance of the petitioner is regarding the 59th rank assigned to him in Ext.P6, the provisional seniority list published by the respondents for the purpose of admission to medical post graduate courses. Referring to Exts.P1 and P2 petitioner submits that he had rendered 7 years and 10 months service under the Revised National Tuberculosis Central Programme sponsored by the World Health Organization. It is stated that this service was rendered after joining the State medical service and on deputation basis and therefore the said service also is liable to be reckoned for fixing the seniority. 2. The respondents admit that they have excluded the aforesaid period of service. However, relying on clause VII (a)(3) of the Prspectus, the Government Pleader rightly WP(c).No.10852/09 /2/ contends that only actual physical service under the Government of Kerala, is what is reckoned for the purpose of fixing the seniority. It is stated that during the period covered by Exts.P1 and P2 petitioner was on deputation to WHO and therefore the said service cannot be counted. On a reading of the aforesaid clause in the prospectus, I am in agreement with the Government Pleader that what is reckonable is only actual physical service. If so the period of deputation covered by Exts.P1 and P2 is not liable to be reckoned, in which event the seniority as revealed in Ext.P6 cannot be interfered with. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.10852/09 /2/