IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 7950 of 2008(U) ------------------------- PETITIONERS: ------------ 1. FOUSIA M.T., W/O. LATE ABDUL MAJEED, LEEMA MANZIL, OLAVARA, P.O.UDUNBANTHALA, KASARGOD, PIN-671 350. 2. BABURAJAN T.V., THOTTATHIL HOUSE, NAINUR SOUTH, P.O.UDINUR, KASARGOD, PIN-671 349. 3. BAIJU N.P., 'ATHIRA', URUVACHAL P.O., MATTANUR VIA, KANNUR DISTRICT, PIN-670 702. 4. SHYJU K.P., 'KRISHNA VIHAR', P.O.MURINGERI, ANJARAKANDY VIA, KANNUR, PIN-670 612. 5. ARUNKUMAR K.K., 'VRINDAVANAM', KILIYANGAD, MATTANNUR COLLEGE P.O., KANNUR, PIN-670 702. 6. VINOD C.V., CHIRAKKAL VEETTIL, THIMIRI P.O., CHAPPARAPADAVE VIA, KANNUR, PIN-670 581. 7. SAJITH KUMAR C.M., ATHIRA HOUSE, KEEZHARIYOOR P.O., KOYILANDY VIA, KOZHIKODE DISTRICT, PIN-673 324. 8. ANIL KUMAR T., THARAMEL HOUSE, KEEZHARIYOOR P.O., KOYILANDY VIA, KOZHIKODE DISTRICT, PIN-673 324. 9. SURENDRAN T., THIRUVOTH HOUSE, PONMERI PARAMBIL P.O., VILLIAPPALLY, VATAKARA, KOZHIKODE DISTRICT, PIN-673 542. 10. SANJITH K.T., C.K.HOUSE, VANDIKKARAN PEEDIKA, P.O.MAMBRA, KANNUR, PIN-670 611. WP(C).No. 7950 of 2008 -2- 11. ROOPESH P., ANUROOP SADANAM, P.O.KANKOL, VIA. PAYYANNUR, KANNUR, PIN-670 337. 12. PRAJITH V.NATH, PALAMTHONI HOUSE, N.S.S.COLLEGE P.O., NENMARA, PALAKKAD DIST., PIN-678 508. BY ADV. SRI.P.J.MATHEW RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KASARAGOD. 4. THE DISTRICT MEDICAL OFFICER, KANNUR. 5. THE DISTRICT MEDICAL OFFICER, KOZHIKODE. 6. THE DISTRICT MEDICAL OFFICER, MALAPPURAM. 7. THE DISTRICT MEDICAL OFFICER, PALAKKAD. 8. PRAKASHAN K., FIELD WORKER, N.F.C.P. UNIT, KANNUR. 9. RAJU C.M., PEON, OFFICE OF THE FOOD INSPECTOR, KANNUR. 10. SANJEEVAN V., FIELD WORKER, N.F.C.P. UNIT, KANNUR. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 7950 of 2008 -------------------------- Dated this the 14th July, 2008 J U D G M E N T Petitioners are included in the rank list for the post of Junior Health Inspector Gr.II in different Districts. They have approached this Court seeking a direction to the respondents not to promote the employees of the Health Services Department who have obtained Sanitary Inspector Training Certificate without obtaining a no objection letter from the Department and without taking leave to attend the classes. This Court had in Exhibit-P6 judgment to which some among the petitioners were parties, directed the Government to look into Exhibit-P5 series representation raising a complaint that many of the employees of the Government aspiring for promotion to the post of Junior Health Inspector Gr.II were not really qualified in that regard in terms of the method of appointment prescribed under Exhibit-P1 Government Order G.O (MS) No.24/89/HSFWD dated 23.1.1989. W.P ( C) No. 7950 of 2008 2 Pursuant to Exhibit-P6 judgment, a hearing was conducted by the Government, as evidenced by Exhibit-P7. But according to the petitioners steps were not taken in pursuance thereto. 2. Two orders have been passed by the Government taking note of the directions issued in Exhibit P6 judgment. One of them is G.O (Rt) No.1577/2008/H&FWD dated 30.4.2008 and other is G.O (P) 344/2008/H&FWD dated 8.7.2008. By the latter order, the method of appointment and qualification for the post of Junior Health Inspector Gr.II are amended with effect from 1.11.2007. Further some of the posts have been excluded from the list of feeder categories for appointment to the post of Junior Health Inspector Gr.II, with effect from 1.11.2007. 3. Having heard the learned counsel for the petitioners and learned Government Pleader, I am of the view that the grievance of the petitioners have been satisfied to a substantial extent. Learned counsel for the petitioners submits that proceedings initiated pursuant to Exhibit P6 judgment for looking into the acceptability of the W.P ( C) No. 7950 of 2008 3 qualifications of several persons in the department, who aspire for promotion as Junior Health Inspector Gr.II have not been finalized so far. Learned Government Pleader submits that this is an outgoing process. In the result, the writ petition is disposed of directing the 1st respondent to see that the persons, who are currently in the feeder category for the post of Junior Health Inspector Gr.II as now stipulated in G.O (Rt) No.344/2008/H&/FWD Dated 8.7.2008 should be promoted as Junior Health Inspector Gr.II only after their qualifications are verified and genuineness of the certificates produced by them is also verified and the competent authority is satisfied in this regard. s (V.GIRI, JUDGE) ma W.P ( C) No. 7950 of 2008 4 W.P ( C) No. 7950 of 2008 5