IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 496 of 2008(H) ------------------------ PETITIONER: ------------ M.A.CHANDRACHOOD, LABORATORY TECHNICIAN GRADE I, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENTS: ------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No 496 of 2008 -------------------------- Dated this the 1st February, 2008 J U D G M E N T Petitioner is working as Laboratory Technician in the Kerala Health Services Department. He aspires for promotion to the post of Junior Protozoologist Since there are no statutory rules which provide for the method of appointment to the post of Junior Protozoologist, appointment to the said post is presently governed by Exhibit P1 Government order. As per Exhibit P1, the method of appointment to the post of Junior Protozoogist is by promotion and in the absence of suitable candidates, by direct recruitment. Detailed method of appointment for promotion is given as follows: “(a) By promotion of Junior Scientific Officers in the Public Heath Laboratory/District Laboratories/Regional Laboratories with the requisite qualifications. In their absence (b) By promotion of Laboratory Technicians in the Public Health Laboratory, Thiruvanathapuram with requisite qualifications. In their absence (c ) By promotion of District Laboratory Technicians in the Health Services Department with the requisite qualifications. W.P ( C) No 496 of 2008 2 In their absence (d) By promotion from Technical Assistant Grade I in the Public Health Laboratories/District Laboratories/Regional Laboratories with the requisite qualification. 2. According to the petitioner, he is qualified to be promoted to the post of Junior Protozoologist in terms of Exhibit P1. But he is aggrieved by Exhibit P1 in so far it provides for appointment to the post of Junior Protozoologist by promotion of Junior Scientific Officer in the Public Health Laboratory/District Laboratories/Regional Laboratories, in the first instance. Laboratory Technicians in the Public Health Laboratory with the requisite qualifications are then included by themselves as a second alternative. Apparently, the District Laboratory Technicians in the Health Services Department are considered for promotion to the post of Junior Protozoologist only in the absence of Laboratory Technicians in the Public Health Laboratory. Petitioner contends that the nature of duties discharged by the Laboratory Technicians in the Public Health Laboratory/District Laboratories in the Health Department are the same. Therefore, they should have been brought together and considered as one feeder category. W.P ( C) No 496 of 2008 3 3. These facts have been brought to the notice of the Government by several representations. The latest one is Exhibit P9 representation filed by the petitioner before the Government on 26.11.2007. After perusing the averments in the writ petition as also after hearing the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 1st respondent to consider the petitioner's plea for rectification of the alleged anomaly in the Government order No.G.O (MS)26/97/H&FWD dated 29.1.1997 and take a decision thereon, at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition, before the 1st respondent, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No 496 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No 496 of 2008 5 25th May, 2007