IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 33106 of 2008(N) ------------------------------------- PETITIONER(S): ---------------------- S.SUNIL KUMAR, S/O.SAHADEVAN K., AGED 43 SRUTHILAYA, T.C. 49/536 (1), KUTHUKALLINMOODU, MANACAUD P.O., TRIVANDRUM, (WORKING AS LABORATORY TECHNICIAN, STATE PUBLIC HEALTH LABORATORY, TRIVANDRUM). BY MR.JOHNSON MANAYANI, ADVOCATE RESPONDENTS: ----------------------- 1. THE DIRECTOR OF HEALTH SERVICES, O/O. DIRECTOR OF PUBLIC HEALTH AND CLINICAL LABORATORY, TRIVANDRUM. 2. DIRECTOR OF HEALTH SERVICES, O/O DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J ================== W.P(C) No. 33106 of 2008 ================== Dated this the 5th day of February, 2009 J U D G M E N T The writ petitioner is aggrieved by the denial of appointment to the post of Publication Assistant. According to him, he is the most eligible person and has completed more than 20 years in the department. He is working as Lab Technician for the last 22 years. By Ext.P1, the 2nd respondent filed an application for one post of Publication Assistant with scale of pay of Rs. 7990-12930, the prescribed qualifications are (1) Graduate (2) Must have produced or published pamphlets articles or Booklets or book in Malayalam. 2. To evidence the said averment the petitioner has produced Ext.P2. The main contention raised in the writ petition is that without resorting to the notified method of appointment, the post is now sought to be filled up by a temporary hand. The learned Government Pleader on instructions submitted that pursuant to the notification, respondents have received applications from various candidates including the petitioner and the eligibility of the petitioner also will be considered. W.P(C) No. 33106 of 2008 -2- Since the allegation is that the matter is being prolonged to continue the appointment of a temporary hand, there will be a direction to the 2nd respondent to finalise the selection procedure in respect of the post notified and take appropriate action to appoint a regular hand. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No Costs. T.R.RAMACHANDRAN NAIR JUDGE rhs