IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 29728 of 2009(I) -------------------------- PETITIONER(S): --------------- K.V.VALSALAKUMARI, W/O.RAJAGOPAL.K., NOW WORKING AS NURSING SUPERINTENDENT GRADE-I, DISTRICT HOSPITAL, PALAKKAD. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE SECRETARY TO HEALTH & FAMILY WELFARE DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29728 of 2009 --------------------------------- Dated, this the 20th day of November, 2009 J U D G M E N T The petitioner is working as a Nursing Superintendent. She is aspiring for promotion to the post of Nursing Superintendent Gr.I. It is stated that there is a vacancy existing at the SAT Hospital with effect from 31/03/2009, and that her claim for promotion should be considered against that vacancy. 2. The learned Government Pleader on instructions submits that on the abolition of the dual control system, when the options were invited, the petitioner opted to continue under the Directorate of Health Services. It is stated that the hospital where the vacancy is identified and indicated by the petitioner comes under the Directorate of Medical Education. 3. If as stated, option has been exercised and the petitioner chose to remain under the Directorate of Health Services, the petitioner cannot aspire for promotion to vacancies in establishments under the Directorate of Medical Education. I do not find any merit in the writ petition and therefore, it is dismissed. (ANTONY DOMINIC, JUDGE) jg