IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 24321 of 2009(I) --------------------------------------- PETITIONER(S): ----------------------- ABDUL GAFOOR M.T., MALE PHARMACIST, INSTITUTE OF CHEST DISEASES, MEDICAL COLLEGE, KOZHIKODE. RESIDING AT MELE THALI PARAMBIL HOUSE, PUNNASSERY, NARIKKUNI, KOZHIKODE-673 585. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY (HEALTH), HEALTH AND FAMILY (K) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, INSTITUTE OF CHEST DISEASES, MEDICAL COLLEGE, KOZHIKODE. BY GOVT. PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24321/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 8.9.08 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS (HAJ CELL), NEW DELHI. P2:- COPY OF THE PROCEEDINGS ORDER DTD. 17.10.08 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE OFFICE ORDER DT. 7.1.09 ISSUED BY THE VICE CONSUL (HAJ). P4:- COPY OF THE GOVERNMENT ORDER IDE NO.G.O.(P) 548/08/H&FWD DTD. 25.10.08 ISSUED BY GOVT. OF KERALA. P5:- COPY OF THE LETTER DTD. 20.1.09 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P5(a):- COPY OF THE FORM OF OPTION IN APPENDIX II FORWARDED BY 3RD RESPONDENT AS EPR EXT.P5. P6:- COPY OF THE LETTER DTD. 21.2.09 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P7:- COPY OF THE REPRESENTATION DTD. 9.3.09 SUBMITTED BY THE PETITIONER THROUGH PROPLER CHANNEL TO THE 2ND RESPONDENT. P8:- COPY OF THE LETTER DTD. 20.3.09 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P9:- COPY OF THE REPRESENTATION DTD. 19.6.09 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL TO THE 2ND RESPONDENT. P10:-P COPY OF THE LIST OF CANDIDATES ACCEPTED TO THE DIRECTOR OF MEDICAL EDUCATION. P11:- COPY OF THE GOVERNMENT ORDER NO.G.O.(RT) NO.2413/09/H&FWD DTD. 20.8.09. TRUE COPY P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No. 24321 of 2009 -------------------------- Dated this the 15th October,2009 J U D G M E N T Petitioner is a Male Pharmacist in the Health Services Department and he was working in the Institute of Chest Diseases in the Medical College, Kozhikode. He was deputed to Consulate General of India, Jeddah (Saudi Arabia) in connection with Haj Pilgrimage -2008 as per order dated 8.9.2008. Petitioner was relieved on 17.10.2008 as per Ext.P2 proceedings. Petitioner proceeded on deputation to the Consulate General. Petitioner was relieved therefrom on 7.1.2009 as evidenced by Ext.P3 and rejoined duty on 12.1.2009. 2. In the meanwhile, Ext.P4 order was issued by the Government calling for options from employees/staff attached to Directorate of Medical Education as also the Directorate of Health Services, for being shifted to either of the department consequent upon the abolition of Dual Control System over the hospital staff attached to the Directorate of Health Services. The last date of submitting the option was 15.1.2009. According to the petitioner, due to the fact that he was unaware of the W.P ( C) No. 24321 of 2009 2 same , he could give the option only as per Ext.P5 (a) on 20.1.2009. This was forwarded to the Director of Health Services as per Ext.P5 covering letter sent by the Superintendent of Institute of Chest Diseases, Medical College, Kozhikode on 20.1.2009 itself. It seems that the list of optees did not include the petitioner and therefore he submitted Ext.P7 request followed by Exts P8 and P9. Since his name was not included in the list of optees, this writ petition has been filed. This Court passed an interim order directing the Director of Health Services to consider Exts.P7 and P9 representations in the light of the contents of Ext.P8 letter. No further proceedings have been placed on record. In the meanwhile, petitioner apprehends shifting from the present post on the premise that he has not opted for the Directorate of Medical Education. 3. Heard learned counsel on either side. 4. I note the peculiar facts involved in the present case since petitioner was away from the country on deputation with the Consulate General of India, Jeddah till 7.1.2009. He rejoined duty on 12.1.2009. The last date for W.P ( C) No. 24321 of 2009 3 submitting option otherwise prescribed under Ext.P4 may have to be relaxed in favour of the petitioner, at least for a short period. At any rate, this is a matter to be considered by the Director of Health Services. Ext.P5 (a) option has been recommended as per Ext.P5 and in the circumstances, the 2nd respondent, the Director of Health Services shall consider the petitioner's option Ext.P5 (a) along with Exts.P7 and P9 keeping in mind the recommendation contained in Ext.P8 communication issued by the Superintendent of the Institute of Chest Diseases and take a decision within two months from the date of receipt of a copy of this judgment. Petitioner shall be permitted to continue in the Institute of Chest Diseases as a Male Pharmacist till the Director of Health Services takes a decision in the matter. Thereafter, his continuance will be subject to the decision to be taken by the Director of Health Services. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 24321 of 2009 4 W.P ( C) No. 24321 of 2009 5