IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35461 of 2010(G) -------------------------- PETITIONER(S): --------------- VISWAMBARAN.K., PEON, P.H.C.VADAVANNUR, VADAVANNUR P.O., PALAKKAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM 695 001. 3. DISTRICT MEDICALOFFICER (HEALTH), PALAKKAD - 678 001. GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 35461 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th day of November, 2010. J U D G M E N T The petitioner is working as a Peon in the Health Service Department in the Primary Health Center, Vadavannur in Palakkad district. Prior to entering Health Service, he was working in the Rural Development Department. He entered the Health Service Department on 26.7.2008. The next promotion to which the petitioner can aspire for is that of Junior Health Inspector Grade II. By Ext. P3, applications were invited from eligible departmental candidates in the Health Department who secured Health Inspectors' Training Certificate/Sanitary Inspector Course and were in service before 8.7.2008 for preparation of a panel of employees for promotion to the post of Junior Health Inspector Grade II. The petitioner apprehends that the petitioner's application would not be considered on the ground that he was not in service of Health Department as on 8.7.2008. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) To declare that the petitioner is eligible to be considered for by transfer appointment to the post of Junior Health Inspector Gr.II on the basis of his service records stated in this W.P(c) and in Ext. P4 application and by treating him as eligible for promotion as Junior Health Inspector Gr. II; ii) to issue a writ of mandamus directing the 2nd respondent to accept Ext. P 4 and to consider the same by treating the petitioner as eligible for appointment by transfer to the post of Junior Health Inspector Gr. II.” 2. In Ext. P3 circular inviting applications, it is specifically stated thus: “It is proposed to prepare a panel of list to the post of Junior Health Inspector Gr. II by promotion/transfer appointment. Hence applications are invited from eligible departmental candidates in W.P.C. No. 35461/2010 -: 2 :- the Health department who secured Health Inspectors Training certificate/Sanitary Inspector Course and were in service before 8.7.2008. . . . . .” The contention of the petitioner is that it is not stated therein that the applicant should have been in service of the Health Department before 8.7.2008. I am unable to accept that contention. Ext. P3 circular makes it clear that the applicant should have been in service before 8.7.2008 in the Health Department itself. Therefore, I do not find any merit in the writ petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.