IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18701 of 2010(K) -------------------------- PETITIONER(S): --------------- DR.V.K.CHELLAMMA, PROFESSOR, DEPARTMENT OF OBSTETRICS & GYNAECOLOGY, MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DR.N.UMADEVI, PROFESSOR, DEPARTMENT OF OBSTETRICS & GYNAECOLOGY, MEDICAL COLLEGE, KOZHIKODE. GOVERNMENT PLEADER SRI.SANDESH RAJA-R1,R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18701 OF 2010 -------------------------------------------- Dated this the 17th day of June, 2010 JUDGMENT The petitioner is presently working as Professor, Department of Obstetrics & Gynaecology in Medical College, Kozhikode. It was as per Ext.P4 dated 19.5.2008 that the petitioner was promoted to the said post. While so, she was transferred to Medical College, Alappuzha. However, on request, the first respondent issued an order posting her against the vacant post of Professor in the Department of Nephrology and allowed the petitioner to work in the Department of Obstetrics and Gynaecology. As per Ext.P6 order dated 5.8.2009, the said order was modified and she was shifted to the vacant post of Professor in the Department of Surgical Gastro Entrology with the same working arrangement. During the said period she was not given charge of Unit Chief in the absence of a posting in the Department of Obstetrics and Gynaecology itself. Therefore, She had approached this Court by filing W.P.(C).No.23703/2009 raising grievance against non-consideration of her request for posting as the Professor in the said department. The said Writ Petition was disposed of as per Ext.P12 judgment dated 19.8.2009. As per Ext.P12 judgment, the first respondent was directed to consider and pass orders on Ext.P15 W.P.(C) NO.18701/2010 2 therein. Based on such consideration in tune with the directions in Ext.P12, Ext.P13 order has been passed by the first respondent. The petitioner is aggrieved by Ext.P13 order dated 5.1.2010. According to the petitioner, the reasons stated in Ext.P13 order is unsustainable and, therefore, she has preferred Ext.P14 revision petition before the first respondent. The petitioner apprehends that any further delay in the matter of disposal of Ext.P14 revision petition would adversely affect her. 2. The main grievance of the petitioner is that her claim has been rejected as per Ext.P13 on grounds which cannot be sustained at all. She has raised all such contentions in Ext.P14. Since Ext.P14 is pending before the first respondent, I do not think it necessary to go into the merits of the contentions raised by the petitioner at this stage. Therefore, without making any observation as to the merits of the contentions raised in this Writ Petition, it is disposed of with a direction to the first respondent to consider and pass orders on Ext.P14 with notice to the petitioner and the third respondent expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18701/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT W.P.(C) NO.18701/2010 4 June, 2010