IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6721 of 2009(I) ------------------------------------ PETITIONER(S): ----------------------- K.S.SALIM RAJ, JUNIOR HEALTH INSPECTOR GR.I, PRIMARY HEALTH CENTER, KOOLIMUTTOM P.O., MATHILAKAM, THRISSUR DISTRICT. BY ADV.MR.P.K.BEHANAN RESPONDENT(S): ------------------------ 1. THE DIRECTOR OF HEALTH SERVICE, OFFICE OF DHS, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPTD.BY THE GOVERNMENT SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 6721 OF 2009 --------------------------------------------------- Dated this the 3rd day of March, 2009 JUDGMENT The petitioner entered in service in the National Filaria Control Program Unit under the Health Department in Thrissur District through Public Service Commission on 26.9.1995 as per Advice Memo dated 22.8.1995. 2. The next promotion is to the post of Junior Health Inspector Grade I. The petitioner obtained subsequent promotions and is now working as Grade I. The complaint in the writ petition is that several juniors have been promoted as Junior Health Inspector Grade I ahead of the petitioner. Earlier she filed WPC/6417 of 2008 before this Hon'ble Court seeking for a direction to grant promotion to her. This Court directed the Director of Health Service to dispose of the representation filed by her within a period of six weeks. Accordingly he was promoted as Junior Health Inspector Grade I as per order dated 11.8.2008 (Ext.P6). But no retrospective effect was granted though according to him he was eligible for the promotion as Junior Health Inspector Grade I with effect from March 2000 onwards. It is pointed out that the petitioner was eligible and was entitled to get promotion as Junior Health Inspector Grade I with retrospective effect from March 2000 and thereafter for further promotion to the post of Health Inspector Grade II with retrospective wpc:6721 of 2009 2 effect. But he was promoted only on the date of the above said order of promotionwhich is dated 11.8.2008. Seeking for grant of such reliefs, he has filed Ext.P7 representation before the Director of Health Services. The petitioner has claimed that he was eligible and entitled to get promotion with retrospective effect. The question will have to be considered in the light of the seniority position as well as the eligibility and any other criteria fixed by the relevant rules/orders in the matter. Hence there will be a direction to the first respondent to consider and pass orders on Ext.P7 within a period of four months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner and other affected parties. T.R.RAMACHANDRAN NAIR, JUDGE bps