IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 17383 of 2008(T) -------------------------- PETITIONERS: ------------ 1. PUSHPADHARAN.V., WORKING AS FIELD WORKER, N.F.C.P.UNIT, KOLLAM, RESIDING AT VATTAVILAPUTHEN VEEDU, KARUVELIL P.O. EZHUKONE, KOLLAM. 2. K.SASINDRAN, WORKING AS FIELD WORKER, N.F.C.P.UNIT, KOLLAM, RESIDING AT LOTUS, NETTAYAM, NEDIYARA P.O., ANCHAL, KOLLAM. 3. JALALUDEENKUNJU.A., WORKING AS FIELD WORKER, N.F.C.P.UNIT, KOLLAM, RESIDING AT DARUSSALAM, VADAKUMTHALA P.O., KARUNAGAPPALLY. 4. M.ALIYARUKUNJU, WORKING AS FIELD WORKER N.F.C.P.UNIT, KOLLAM, RESIDING AT MULLAKKERI KIZHAKKATHIL, MULLAKKERI, PANMANA P.O., CHAVARA, KOLLAM. 5. ANILKUMAR.K., WORKING AS FIELD WORKER, N.F.C.P. UNIT, KOLLAM, RESIDING AT BLOCK NO.41, MUTTOM P.O., THUMPAMON - 689 502. 6. A.K.JAYACHANDRAN, WORKING AS FIELD WORKER, N.F.C.P. UNIT, KOLLAM, RESIDING AT J.S.BHAVAN, VENNIYOOR, VENGANOOR, NELLIVILA P.O THIRUVANANTHAPURAM. 7. NOBIL LAL.S., WORKING AS FIELD WORKER N.F.C.P.UNIT, KOLLAM, RESIDING AT GEETHANJALI, KOTTIYAM P.O., KOLLAM. 8. RAVEENDRAN PILLAI.T.A., WORKING AS FIELD WORKER, N.F.C.P. UNIT, KOLLAM, RESIDING AT THENNIKUNNIL VEEDU, MYLOM P.O., KOTTARAKKARA, KOLLAM. 9. SREEKUMAR M., WORKING AS FIELD WORKER, N.F.C.P.UNIT, KOLLAM, RESIDING AT SREEVILASAM, NAVAIKULAM P.O., THIRUVANANTHAPURAM. 10. GOPAKUMAR.D., WORKING AS FIELD WORKER, N.F.C.P. UNIT, KOLLAM, RESIDING AT VAZHAVILAKATHU PUTHEN VEEDU, ERICHALLOOR, PLAMOOTTUKADA P.O., THIRUVANANTHAPURAM. WP(C).No. 17383 of 2008 2 11. RANJIT S.R., WORKING AS FIELD WORKER, N.F.C.P. UNIT, KOLLAM, RESIDING AT INCHIPULLUVILA VEEDU, KIDARAKUZHY, KIDARAKUZHY P.O., THIRUVANANTHAPURAM. 12. SREEKUMAR.S., WORKING AS FIELD WORKER, N.F.C.P.UNIT, ALAPPUZHA, RESIDING AT ITTIYARAVILAKATHU VEEDU, ERICHALLOOR, PLAMOOTTUKADA P.O., THIRUVANANTHAPURAM. 13. B.S.SREEKUMAR, WORKING AS FIELD WORKER, N.F.C.P. UNIT, THIRUVANANTHAPURAM. RESIDING AT ACHUTHA BHAVAN, KAITHAKUZHY, UMMANNOOR P.O. KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. 5. DISTRICT MEDICAL OFFICER, KOLLAM. 6. DISTRICT MEDICAL OFFICER, ALAPPUZHA. 7. SAJI.C., JUNIOR HEALTH INSPECTOR GRADE II, VELLARADA PUBLIC HEALTH CENTRE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 17383 of 2008 -------------------------- Dated this the 13th June, 2008 J U D G M E N T Similar issue was considered by this Court in WP(C) No.17125 of 2008. I held that the challenge against Exhibit -P11 order is premature. I have held in the judgment as follows: The challenge against Ext.P13 order is premature. In fact the Government has not taken any final decision in the matter of amendment of Ext.P2. Government has made it clear that the vacancies existing on 31.10.2007 will be filled up by promotion. It is upto the Government to decide whether the vacancies which arise after 31.10.2007, will have to be necessarily filled up now. But, obviously if they are to be filled up, they can be done only as per the orders which are currently existing. If the petitioner is also qualified and eligible to be considered, then he shall be so considered. 2. Learned counsel for the petitioners Sri.Suresh Kumar submits that the Government is bound to fill up the vacancies in the post of Junior Public Health Inspector Gr.II in terms of Exhibit-P1 Government Order, i.e G.O (MS) W.P ( C) No. 17383 of 2008 2 No.24/89/H&FWD dated 23.1.1989. This submission is correct. But as I have indicated in the judgment in W.P(C) No.17125 of 2008 the Government is contemplating an application of revised ratio only in relation to the vacancies which arise after 31.10.2007. The vacancies which were in existence on 31.10.2007, obviously has to be filled up only by resort to the method of appointment prescribed under Exhibit-P1. In the circumstances, Government shall take steps to fill up the vacancies in the post of Junior Public Health Inspector Gr.II available as on 31.10.2007 from among the eligible persons, who are qualified and eligible in terms of Exhibits-P1 and P7 Government Orders. Needful shall be done in this regard within a period of two months from the date of receipt of a copy of this judgment. Subject to the above, the writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 17383 of 2008 2 W.P ( C) No. 17383 of 2008 2