IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 10185 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. T.AJAYAN, JUNIOR SUPERINTENDENT, SAT HOSPITAL, THIRUVANANTHAPURAM. 2. S.MOHANAN PILLAI, UD CLERK, SAT HOSPITAL, THIRUVANANTHAPURAM. 3. S.S.SREKUMAR, UD CLERK, MEDICAL COLLEGE HOSPITAL,THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O.,THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL CAMPUS,THIRUVANANTHAPURAM. 4. PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI ARAVIND KUMAR BABU R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 10185 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 J U D G M E N T The petitioners are working under the Medical Education Department and they were transferred from the Health Services Department pursuant to the order of the Government abolishing the dual control system of the staff under the 2nd respondent. This writ petition has been filed with the following prayer:- (i.) call for the records leading to this case and issue a writ of mandamus directing the 2nd respondent to publish cadre wise integrated seniority list of staff including the persons who had opted and joined Medical Education Service from the Health Services Department reckoning their entire service in the concerned categories/posts including their service in Health Services Department and grant promotions accordingly. 2. In essence, the contention of the petitioner is that promotion shall not be effected before publishing a cadre wise integrated seniority list of staff including persons who had opted and joined Medical Education Service from the Health Services Department. I am afraid, such a contention cannot be countenanced. In fact raising such claims and contentions, WPC.10185 of 2010 : 2 : the petitioners have submitted Ext.P9 representation before the first respondent. Essentially, it carries the said prayer as extracted above. It is a matter wherein, invariably, the first respondent has to take the decision. True that for effecting further promotions pursuant to the abolishment of dual control system an integrated seniority list is required. However, it is up to the Government to decide till such time, what should be the method for filling up the vacancies in all the cadres provisionally. This writ petition is therefore, disposed of with a direction to the first respondent to consider and pass orders on Ext.P9 expeditiously, within a period of three months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) jma