IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35769 of 2008(G) ----------------------------------------- PETITIONER(S): ------------------------- C. MURALEEDHARAN, REHABILITATION TECHNICIAN GRADE I (PROSTHETICS), GOVERNMENT GENERAL HOSPITAL, ERNAKULAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): ------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY (HEALTH AND FAMILY WELFARE) GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.35769 of 2008 ------------------------------- Dated this the 4th December, 2008. J U D G M E N T Heard Sri.P.K.Manoj Kumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Rehabilitation Technician (Prosthetics) Grade-I in the District Limb Fitting Centre attached to the General Hospital at Ernakulam. The petitioner claims that he is the senior most Rehabilitation Technician entitled to be promoted to the next higher post of Foreman and that vacancies of Foreman exist in various Limb Fitting Centers under the Department. The petitioner submits that notwithstanding his eligibility and entitlement, though vacancies of Foreman have arisen in the Department, he has not been promoted to the said post. The petitioner has yet another grievance that though the Superintendent of the General Hospital at Ernakulam has sent a W.P.(C) No.35769/2008 2 proposal (Ext.P5) to the second respondent to sanction him second higher grade on completion of 8 years of service in the cadre of Rehabilitation Technician (Prosthetics) Grade I, the second respondent has not yet passed orders in the matter. In this writ petition, the petitioner prays for the following reliefs:- “i. To issue a writ of mandamus or other appropriate writ, order or direction directing the second respondent to consider the Petitioner for promotion as Foreman in the existing vacancy in the District Limb Fitting Centres under the Department of Health Services. ii. To issue a writ of mandamus or other appropriate writ order or direction directing the second respondent to consider Exhibit-P6 representation after hearing the Petitioner and to pass orders thereon within a time frame to be stipulated by this Hon'ble Court; iii. To issue a writ of mandamus or other appropriate writ order or direction directing the second respondent to disburse the second higher grade due to the Petitioner with effect from 19.5.2004 on completion of 8 years service in the promoted cadre of Rehabilitation Technician Grade I.” W.P.(C) No.35769/2008 3 3. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the second respondent may be directed to consider his request in Ext.P6 representation for promotion to the post of Foreman, as also the proposal sent by the Superintendent of the General Hospital at Ernakulam to the Director of Health Services, through the District Medical Officer, recommending grant of second higher grade on completion of 8 years service in the cadre of Rehabilitation Technician (Prosthetics) Grade-I. 4. The question whether the petitioner is the next senior most person entitled to be promoted as Foreman and whether vacancies against which the petitioner can be promoted exist, are all matters for the second respondent to decide, at least in the first instance. Similarly, the petitioner's claim for grant of second higher grade on completion of 8 years service in the promoted post also has to be considered by the second respondent. W.P.(C) No.35769/2008 4 In these circumstances, I dispose of the Writ Petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P6 for promotion to the category of Foreman and take a decision thereon within one month from the date of receipt of a copy of this judgment and on the proposal forwarded by the Superintendent of the General Hospital at Ernakulam (Ext.P5) for the grant of second higher grade on completion of 8 years service in the promoted post within two months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.