IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 26719 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------- M.SULAIMAN,COMMUNICATION OFFICER, HEALTH AND FAMILY WELFARE TRAINING CENTRE, KOZHIKODE. BY ADVS.MR.S.M.PREM SMT.K.P.SANTHI MR.P.K.NIJOY SMT.NISHA G.THARAMAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF CONVENER DPC (HIGHER),HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. *ADDL. 3RD RESPONDENT IMPLEADED 3. SOORIAN T.P., S/O. THE LATE GOVINDAN T.P. THYLAPARAMBATH HOUSE , KAKKODI, KOZHIKODE , PI 673 611. *ADDL. 3RD RESPONDENT IMPLEADED AS PER ORDER DTD. 01.12.2009 IN IA. NO.15066/2009 *ADDL. R4 & R5 ARE IMPLEADED 4. M.P.GEORGE, AGED 52 YEARS, S/O. PORINCHU, PRESENTLY WORKING AS DEPUTYDISTRICT EDUCATION AND MEDIA OFFICER, OFFICE OF THE DMO, P.O., CHETTUPUZHA, THRISSUR 680 621. W.P.(C) NO.26719/2009 5. SUDHAKARAN P.P., AGED 52 YEARS, S/O. ANDY NAIR, DEPUTY DISTRICT EDUCATION AND MEDIA OFFICER, DISTRICT MEDICAL OFFICE, MANANTHAVADY, WYANAD, RESIDING AT FLAT NO.A 22, NGO QRS. P.O., NARIKUNNU, CALICUT. ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DTD. 14834/2009 IN WPC.26719/2009. R1 BY GOVERNMENT PLEADER MR.P.NANDAKUMAR R3 BY ADVS MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.S.A.ANAND, MR.PETER JOSE CHRISTO, MR.K.A.BALAN. R4 & R5 BY MR.P.SANJAY, SMT.A.PARVATHI MENON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26719/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(RT) 3498/2000/H&FWD DTD. 26.9.2000. P2:- COPY OF THE G.O.(MS) NO.266/89/H&FWD DTD. 15.12.89. P3:- COPY OF THE CIRCULAR NO.FWA.2/103501/99/DHS DTD. 8.10.99. P4:- COPY OF THE KERALA GAZETTE EXTRAORDINARY NO.1262 DT. 14.7.09. ANNEXURE I:- COPY OF THE GOVERNMENT LETTER NO.39094/PS/06/H&FWD DTD. 31.1.07. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE GAZETTE NOTIFICATION DTD. JUNE 2009. R4(b):- COPY OF THE GAZETTE NOTIFICATION DTD. JUNE 2009. R4(c):- COPY OF THE LATEST REPRESENTATION MADE BY IST PETTIIONER DTD. 9.9.09 TO THE DIRECTOR OF HEALTH SERVICES, TVM. R4(d):- COPY OF THE LATEST REPRESENTATION MADE BY 2ND PETITIONER DTD. 9.9.09 TO THE DIRECTOR OF HEALTH SERVICES , TVM. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.26719 of 2009 (H) --------------------------------- Dated, this the 1st day of December, 2009 J U D G M E N T Claim raised in this writ petition is for promotion to the post of Communication Officer, Health and Family Welfare Department. 2. By Ext.P4, DPC selected Smt.Sobha Ganesh and Sri.T.P.Sooryan, the additional 3rd respondent. According to the petitioner, there were two vacancies which arose on 28/02/1999 and 31/03/1999 and since no one in the feeder category was eligible for promotion, by Ext.P1 order, the petitioner and Smt.Sobha Ganesh were temporarily appointed under Rule 9A(i) of General Rules. Subsequently, the DPC was held and in Ext.P4 select list, Smt.Sobha Ganesh and Sri.T.P.Sooryan, the additional 3rd respondent, were selected. It is Ext.P4, which is under challenge in this writ petition. 3. In so far as Smt.Sobha Ganesh is concerned, admittedly, she is senior to the petitioner and Sri.T.P.Sooryan, the additional 3rd respondent, and therefore there is no dispute against her selection. WP(C) No.26719/2009 -2- 4. In so far as Sri.T.P.Sooryan is concerned, though the petitioner has raised his claim, having regard to the fact that he was admittedly an eligible candidate, and as he has been selected by the DPC in a process of selection, there is no reason to invalidate his selection as well. 5. The learned counsel for the petitioner points out that there is a 3rd vacancy, which is now available in the post of Health Education Inspector, an equivalent post, and that his claim ought to be considered as against that vacancy. This is a matter for the respondents to consider. 6. It is now pointed out that aggrieved by Ext.P4, the petitioner has filed Ext.P5 objection before the Convener, DPC (Higher), the 1st respondent, and that the 1st respondent has not taken any decision on the objection so filed. Now that this objection is pending, it is directed that the 1st respondent shall consider Ext.P5 and pass appropriate orders in the matter. This shall be done as expeditiously as possible, at any rate, within four weeks of receipt of a copy of this judgment. 7. It is clarified that the pendency of Ext.P5 before the 1st WP(C) No.26719/2009 -3- respondent will not stand in the way of the respondents promoting the persons selected and included in Ext.P4 select list. By filing I.A.No.14834/2009, the additional respondents 4 & 5 are seeking clarification that the pendency of this writ petition will not stand in the way of operating Ext.R4(b) select list published for promotion to the post of Media Officer in Health Service Department. Now that the writ petition itself is disposed of, it is clarified that the controversy raised in this writ petition or this judgment will not stand in the way of operating Ext.R4(b) select list referred to above. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg