IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WA.No. 1849 of 2009() --------------------- AGAINST THE ORDER IN WPC.16562/2009 DATED 11.8.2009 .................... APPELLANT: PETITIONER -------------- K.USHAKUMARI, SENIOR GRADE OPHTHALMIC ASSISTANT, INSTITUTE OF OPHTHALMOLOGY, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS(EKM) SRI.MATHEW SUNNY RESPONDENTS: RESPONDENTS & ADDL.RESPONDENTS 7 TO 10 ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY HEALTH & FAMILY WELFARE (K) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. SURENDRAN.N.C., SENIOR GRADE OPHTHALMIC ASSISTANT, MEDICAL COLLEGE, THRISSUR. 5. MARYKUTTY THOMAS, SENIOR GRADE OPHTHALMIC ASSISTANT PUBLIC HEALTH CENTRE, ULLIYERI, KOZHIKODE DISTRICT. 6. R.VIJAYAKUMARI, SENIOR GRADE OPHTHALMIC ASSISTANT REGIONAL INSTITUTE OF OPHTHALMOLOGY, THIRUVANANTHAPURAM. 7. SASIKALA, OPHTHALMIC ASSISTANT GRADE-I, REGIONAL INSTITUTE OF OPHTHALMOLOGY, THIRUVANANTHAPURAM, RESIDING AT B-61, `ARSHA' SREECHITRA NAGAR, PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM. 8. KIRAN SINGH,OPHTHALMIC ASSISTANT GRADE-I, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA RESIDING AT T.C.4/1154(2), TLRA-39, TEACHER'S LANE, KOWDIAR P.O., THIRUVANANTHAPURAM. 9. KUMARI PREETHA, OPHTHALMIC ASSISTANT GRADE-I, PUBLIC HEALTH CENTRE, ATHIRAMPUZHA, KOTTAYAM, RESIDING AT `ATHIRA', POOZHIKKUNNU, INDUSTRIAL ESTATE P.O., THIRUVANANTHAPURAM. 10. SAJITHA RANI, OPHTHALMIC ASSISTANT GRADE-1, MEDICAL COLLEGE HOSPITAL, KOTTAYAM, RESIDING AT THAZHANINNATHERIVILA VEEDU, PATTAMAVILE PARANIYAM, POOVAR P.O. SENIOR GOVT. PLEADER SRI. BENNY GERVASIS FOR R1 TO 3 SRI.RAJASEKHARAN NAIR -R4 TO R6 SRI.M.SREEKUMAR-R7 TO R10 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. ------------------------------------------------------------ W.A. NO. 1849 OF 2009 & W.P. (C) NOS. 13272, 14392, 20294 & 24269 OF 2009 ----------------------------------------------------------- Dated this the 24th day of September, 2009 JUDGMENT Kurian Joseph, J. The above Writ Appeal is filed against the interim order dated 11.8.2009 in W.P.(C) No. 16562 of 2009. When the matter came up before us, by consent of parties, we called for the connected Writ Petitions and all the matters are being disposed of by this common judgment. 2. The issue pertains to certain grievances regarding abolition of dual control system of hospital staff under the Directorate of Medical Education and the Directorate of Health Services. In the nature of the order we propose to pass in these cases, we do not think it necessary to go into the various contentions taken by the parties, particularly in view of the submission made by the learned senior Government Pleader that the Government proposes to address the issue with an open mind. 3. It is seen that in some of the Writ Petitions, the petitioners have already submitted a detailed representation before the Government. We find from the Government Order dated 17.6.2009, produced as Ext.P12 in W.P.(C) No. 24269 of 2009, that orders with regard to the shifting of the W.A.NO.1849/2009 & connected Cases. 2 posts of employees under the category of Ophthalmic Assistant, Junior Public Health Nurse, Lady Health Inspector, Junior Health Inspector, Health Inspector and Health Supervisor will be considered later. Therefore, the above Writ Appeal and Writ Petitions are disposed of directing the Government to consider the issue with an open mind, untrammelled by the stand taken by the Directorate of Health Services before this Court and in Ext.P10, produced in W.P.(C) No.24269 of 2009. In case any of the parties seek an opportunity for hearing before the Government while the Government is taking a decision, the same shall be granted. It is also made clear that in case any of the parties propose to file fresh representations, it will be open to them to do so within two weeks from today. In that view of the matter, we vacate all the interim orders passed in the above Writ Appeal and the Writ Petitions. Needless to say that until the Government passes orders as above, the parties will not be disturbed from their present position. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A.NO.1849/2009 & connected Cases. 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO. JUDGMENT 24th September, 2009 W.A.NO.1849/2009 & connected Cases. 4