IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23426 of 2010(C) -------------------------- PETITIONER(S): --------------- K.R.SREEDEVI, U.D.CLERK, DISTRICT HOSPITAL, THRISSUR. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695001. 3. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695001. 4. K.K.JOSE, U.D.CLERK, DISTRICT HOSPITAL, THRISSUR-680001. 5. K.P.MURALEEDHARAN, U.D.CLERK, P.H.CENTRE, VELLANGALLUR, THRISSUR-680001. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23426 of 2010 (C) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T Ext.P9 notice dated 22/05/2010 was issued by the 3rd respondent proposing to revise the seniority of the petitioner in the category of Lower Division Clerk and consequential reversion from the cadre of Upper Division Clerk. In Ext.P9 it was stated that persons, who are aggrieved by the same, may file appeal within 15 days from the date of issue of the notice and that belated appeals will not be entertained. 2. It is seen that by Ext.P10 communication of the District Medical Officer dated 14/06/2010, Ext.P9 notice was re-transmitted to the Superintendent of District Hospital, Thrissur, where the petitioner is working, in order to enable persons like the petitioner to take appropriate action in the matter. According to the petitioner, she received Exts.P9 & P10 on 16/06/2010, and immediately thereafter on 27/06/2010, she submitted Ext.P11 appeal. WP(C) No.23426/2010 -2- 3. Ext.P11 was submitted to the Superintendent of District Hospital, Thrissur, who by Ext.P12 dated 29/06/2010 forwarded Ext.P11 to the District Medical Officer and the District Medical Officer forwarded Ext.P11 to the 2nd respondent as per Ext.P13 dated 30/06/2010 by speed post. However, Ext.P14 order has been passed by the 3rd respondent on 06/07/2010, stating inter alia that no appeal has been received against Ext.P9 notice within the stipulated time, and by this order seniority of the petitioner in the category of LDC has been re-assigned and reversion from the cadre of UDC has been ordered as proposed in Ext.P9 notice. 4. Evidently therefore, while issuing Ext.P14 order, the 2nd respondent has not considered Ext.P11 appeal filed by the petitioner aggrieved by the proposal contained in Ext.P9. The reason stated for not considering the appeal is that the appeal was not received within the time stipulated in Ext.P9, namely, within 15 days of issue of Ext.P9. 5. From the facts stated above, it is evident that it was not possible for the petitioner to have filed appeal within 15 days of issue of Ext.P9. On the other hand, immediately on being informed WP(C) No.23426/2010 -3- of Ext.P9, the petitioner filed Ext.P11 appeal, and therefore Ext.P11 ought to have been considered by the 2nd respondent. Having regard to the fact that Ext.P14 was issued without considering Ext.P11 appeal, I am inclined to set aside Ext.P14 order dated 06/07/2010 to the extent it prejudicially affects the petitioner. Accordingly, the writ petition is disposed of quashing Ext.P14 to the extent as indicated above and directing the 2nd respondent to reconsider the matter insofar as it concerned the petitioner, with notice and hearing her. This shall be done as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg