IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WA.No. 1451 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24216/2010 Dated 03/08/2010 .................... APPELLANT(S): PETITIONERS 1,4 & 5: ----------------------------------------------------------- 1. T.MANGALANANDAN, FIELD ASSISTANT, HEALTH & FAMILY WELFARE DEPARTMENT, D.V.C.UNIT, D.M.O. COMPOUND, THIRUVANANTHAPURAM - 695 025. 2. SIVAPRASAD U., FIELD ASSISTANT, HEALTH & FAMILY WELFARE DEPARTMENT, D.V.C. UNIT BLOCK P.H.C. COMPOUND KOODALLUR,ETTUMANOOR, KOTTAYAM DISTRICT. 3. GOPAKUMAR.N., INSECT COLLECTOR, HEALTH & FAMILY WELFARE DEPARTMENT, D.V.C.UNIT, GENERAL HOSPITAL COMPOUND, KASARAGOD. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE (C) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -1. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 25. R1 & R2 BY GOVERNMENT PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.A.NO: 1451 OF 2010 ----------------------------------------------------------- Dated this the 31st August, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge dismissing the writ petition holding that appellants are not entitled to be absorbed in the batch of Field Assistants taken for training for promotion to Junior Health Inspectors. The appellants case is that on an earlier occasion after commencement of training some people were absorbed thereby extending the period of training in that batch. Govt. Pleader appearing for the respondents submitted that the training for the present batch commenced on 5/4/2010 and as of now nearly five months training is over out of the total period of one year. The appellants case is only based on a previous practice of taking people after commencement of training for the batch. We feel this was an unhealthy practice which was rightly discontinued. Therefore, an unhealthy precedent earlier adopted by respondents does not justify the claim of the appellants for being taken for training after an expiry of nearly half of the period. We therefore find no merit in the writ appeal and it is W.A.1451/2010 2 accordingly dismissed. However, we are of the view that after absorbing all the trained persons if vacancies are likely to be there then the respondents should arrange for commencement of the training in the next batch without delay. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj W.A.1451/2010 3