IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 35654 of 2008(T) -------------------------- PETITIONER: --------------- RAJU.C.M., PEON, FOOD INSPECTORS OFFICE, KANNUR CIRCLE, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER KANNUR. BY GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35654 of 2008 -2- INDEX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER DATED 9.6.2005 EXT.P2: TRUE COPY OF THE ORDER DATED 10.6.2005 EXT.P3: TRUE COPY OF THE LETTER DATED 27.6.2005 EXT.P4: TRUE COPY OF THE LETTER DATED 9.8.2005 EXT.P5: TRUE COPY OF THE CERTIFICATE DATED 5.8.2005 EXT.P6: TRUE COPY OF THE MARK LIST DATED 25.7.2006 ISSUED BY ALL INDIA INSTITUTE OF LOCAL SELF GOVERNMENT TO THE PETITIONER EXT.P7: TRUE COPY OF THE CERTIFICATE AWARDED BY ALL INDIA INSTITUTE OF LOCAL SELF GOVERNMENT TO THE PETITIONER EXT.P8: TRUE COPY OF THE LETTER DATED 9.8.2006 EXT.P9: TRUE COPY OF THE LETTER DATED 4.3.2008 EXT.P10: TRUE COPY OF THE ORDER DATED 22.7.2008 TOGETHER WITH COMBINED SENIORITY LIST EXT.P11: TRUE COPY OF THE ORDER DATED 7.10.2008 TOGETHER WITH COMBINED SENIORITY LIST EXT.P12: TRUE COPY OF APPEAL TOGETHER WITH COVERING LETTER DATED 8.8.2008 EXT.P13: TRUE COPY OF APPEAL FILED BEFORE THE 1ST RESPONDENT /TRUE COPY/ P.A TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35654 of 2008 -------------------------- Dated this the 12th January,2009 J U D G M E N T Petitioner is aggrieved by the denial of promotion to him in spite of the acquisition by him of the required qualification. He entered service in the Health Department as a Last Grade Servant. He had to undergo the Sanitary Inspectors Training Course for getting further promotion in the category of Junior Health Inspector Gr.II. Petitioner sought for permission for studying the said course privately in the year 2005-06. The 3rd respondent vide Exhibit-P3 issued no objection, for the same. This is further evidenced by Exhibit P5 also. Petitioner successfully passed the test. Exhibit-P6 is the mark list issued by the All India Institute of Local Self Government dated 25.7.2006. Exhibit P7 is the copy of certificate awarded by the said institute to the petitioner. They were produced before the 2nd respondent. In the provisional seniority list, the petitioner was included as 193. When the combined seniority list was issued for the purpose of departmental candidates for transfer/ promotion, the petitioner’s name was excluded. Aggrieved by the said exclusion, petitioner submitted various representations. W.P ( C) No.35654 of 2008 2 The petitioner has filed Exhibit-P13 as an appeal before the 1st respondent. 2. The objection appears to be that the course undertaken by the petitioner was without getting leave sanctioned by the Government. According to the petitioner, Exhibits P2 and P3 will show that he was only allotted night duty. Now that Exhibit-P13 has been filed by the petitioner before the Government, it is up to the Government to take a decision in the matter after considering various aspects in accordance with law. Petitioner will be given an opportunity of personal hearing also before a decision taken on Exhibit- P13. 3. Therefore, there will be a direction to the 1st respondent to consider and pass orders on Exhibit-P13 within a period of six weeks from the date of receipt of a copy of this judgment. Petitioner will be free to produce a copy of the writ petition along with a copy of this judgment before the 1st respondent, for compliance. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.35654 of 2008 3 W.P ( C) No.35654 of 2008 4