IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 35710 of 2008(A) -------------------------- PETITIONERS: --------------- 1. GOPALAKRISHNAN.P.V, FIELD WORKER, N.F.C.P. UNIT, TALIPARAMBA, KANNUR DISTRICT. 2. SANTHOSH KUMAR.M, FIELD WORKER, N.F.C.P. UNIT, TALIPARAMBA, KANNUR DISTRICT. 3. PRAKASHAN.K, KUNHUMBUDUKA, FIELD WORKER, N.F.C.P. UNIT, TALIPARAMBA, KANNUR DISTRICT. 4. A. HASHIM, FIELD WORKER, N.F.C.P. UNIT, KANNUR, KANNUR DT. 5. V. SATHYAN, FIELD WORKER, N.F.C.P UNIT, KANNUR, KANNUR DT. 6. PUSHPALATHA CHIRAKKOTH VALAPPIL, FIELD WORKER, N.F.C.P UNIT, KANNUR, KANNUR DT. 7. SAJI KONNAKKAL, FIELD WORKER, N.F.C.P UNIT, TALIPARAMBA, KANNUR DT. 8. SANJEEVAN VCHAKKIL, FIELD WORKER, N.F.C.P UNIT, KANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ WP(C).No. 35710 of 2008 -2- RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KANNUR. BY GOVT. PLEADER SRI.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35710 of 2008 -------------------------- Dated this the 12th January,2009 J U D G M E N T Petitioners are working as Field Workers in various offices in Kannur District under the Health Department. By filing WPC No.31723 of 2007, they sought for consideration of their application for promotion in the post of Junior Health Inspector Gr.II in accordance with Special Rules. Their names were included in the preliminary seniority list also and the position assigned to them have been detailed in paragraph 1 of the writ petition. Exhibit-P2 is the said seniority list. For getting promotion, they have successfully passed the course namely 'Sanitary Inspectors Diploma Course' without availing leave without allowance. Actually they were provided with No Objection Certificate to undergo the said course, as evidenced by Exhibit-P4. It appears that the Director has passed orders adverse to them as per Exhibit P6 for the reason that they have acquired the W.P ( C) No.35710 of 2008 2 qualification without getting necessary leave sanctioned under the Rules. This request for inclusion in the final seniority list stands rejected as per Exhibit-P6. 2. Learned counsel for the petitioners submitted that they have approached the Government by filing Exhibit-P11 appeal and the entire issues may be directed to be decided by the Government after hearing the petitioners also. 3. Therefore, there will be a direction to the 1st respondent to take a decision on Exhibit-P11, after hearing the petitioners, within a period of three months from the date of receipt of a copy of this judgment. Petitioners shall forward a copy of the writ petition along with copy of this judgment before the 1st respondent, for compliance. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.35710 of 2008 3 W.P ( C) No.35710 of 2008 4