IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 18457 of 2005(V) -------------------------------------- PETITIONER(S): ---------------------- 1. SIVADASAN.T. J.H.I.GRADE I, PRIMARY HEALTH CENTRE, KOZHIKODE, KANNUR DISTRICT. 2. DINESHKUMAR, J.H.I.GRADE I. PRIMARY, HEALTH CENTRE, PUTHUPPADI,KOZHIKODE DISTRICT. 3. B.KUNJAN, J.H.I. GRADE I, PRIMARY HEALTH CENTRE, POOKKOTTUR, MALAPPURAM DISTRICT. 4. V.V.SUKUMARAN, J.H.I. GRADE I, PRIMARY HEALTH CENTRE, KODIYERI, CALICUT DIST. 5. S.HARIKUTTAN, J.H.I. GRADE I, PRIMARY HEALTH CENTRE, THRIKODITHANAM, KOTTAYAM DISTRICT. 6. R.MOHANAN, J.H.I. GRADE I, PRIMARY HEALTH CENTRE, PAVITHRESWARAM, KOLLAM DISTRICT. 7. M.B.MURALI, J.H.I. GRADE I, PRIMARY HEALTH CENTRE, NADUVIL, KANNUR. 8. RADHAKRISHNAN, J.H.I.GRADE I, PRIMARY HEALTH CENTRE, DEVIKULANGARA, ALAPPUZHA DISTRICT. BY SMT.V.P.SEEMANTHINI, SENIOR ADVOCATE ADV.SMT.T.B.REMANI SMT.K.P.GEETHA MANI MR.T.R.RAJESH SMT.LEKSHMY RAMANATHAN SMT.VEENA.B.KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESNTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. WP(C).No. 18457 of 2005(V) 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. * ADDL.R3 IMPLEADED ADDL. R3: V.M.BINCY, HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MADAMPPALLY P.O., KOTTAYAM, PIN-686 546. * IS IMPLEADED AS PER ORDER DATED 25/01/2008 IN IA.650/2008. ** ADDL. R4 & R5 IMPLEADED ADDL.R4: V.K.PREMAN, JUNIOR HEALTH INSPECTOR GRADE-I, PRIMARY HEALTH CENTRE, KANNAPURAM, KANNUR. R5: N.K.SAJITH, JUNIOR HEALTH INSPECTOR GRADE-I, PRMIARY HEALTH CENTRE, THIRUVANGUR, KOZHIKODE. ** ARE IMPLEADED AS PER ORDER DATED 30/05/2008 IN IA.6237/2008. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN FOR R1 & R2 MR.MURALI PURUSHOTHAMAN FOR ADDL.R MR.DEEPU LAL MOHAN FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18457 of 2005(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMON JUDGMENT DATED 24/11/2003 IN W.A.2848/2000 OF THE DIVISION BENCH OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE SUPREME COURT ORDER DATED 27/08/2004 IN SLP. EXT.P3: COPY OF THE PROCEEDINGS OF THE DIRCTOR DATED 23/08/2004 ALONG WITH THE RELEVANT PAGES OF THE SENIORITY LIST-1. EXT.P4: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 24/12/2004 ALONG WITH THE RELEVANT PAGES OF THE SENIORITYLIST-2, ANNEXED TO THE ABOVE PROCEEDINGS EXT.P5: COPY OF THE REVERSION ORDER DATED 15/03/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE REVERSION ORDER DATED 30/05/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DATED 28/04/2005 BY THE 1ST PETITIONER BEFORE THE 2ND RSPONDENT. EXT.P8: COPY OF THE REPRESENTATION DATED 27/01/2005 BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: COPY OF THE ORDER DATED 21/05/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P10: COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 30/11/2004 AND THE RELEVANT PAGES OF SENIORITY LIST. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE RELEVANT PORTION OF THE NOTIFICATION DATED 05/06/1990 OF THE PUBLIC SERVICE COMMISSION. EXT.R3(b): COPY OF THE APPOINTMENT ORDER NO.A2.10825/95 DATED 12/06/1995 ISSUED BY THE DISTRICT MEDICAL OFFICER, KANNUR TO THE ADDITIONAL 3RD RESPONDENT. EXT.R3(c): COPY OF THE ORDER NO.A2.10825/1995 DATED 12/06/1995 ISSUED BY THE MEDICAL OFFICER, KANNUR TO THE ADDITIONAL 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rs/ S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.18457 OF 2005 ---------------------------------------- Dated this the 13th day of February, 2009 JUDGMENT The petitioners are Junior Health Inspectors Gr.I. Their grievance in this writ petition is against Ext.P4 seniority list of Junior Health Inspectors Gr.II published on 24.12.2004. The petitioners are persons, who had undergone Multi Purpose Health Workers training course conducted by the Health Services Department, who have been issued Multi Purpose Workers Training Certificate (popularly knowns as HIC). They were provisionally appointed as Junior Health Inspectors Gr.II originally. Subsequently, they were selected through PSC and appointed on various dates ranging from 21.7.1995 to 23.8.1995. As per the Special Rules applicable, the qualification prescribed for the post of Junior Health Inspector Gr.II is SSLC with Multi Purpose Workers Training Certificate. But in the absence of persons having the said training qualification, Sanitary Inspectors Training Certificate (popularly known as SIC) issued by the All India Institute of Local Self Government, Bombay or W.P.(c)No.18457/05 2 equivalent would also be considered for appointment. At the time of selection of the petitioners by the PSC, the PSC prepared two lists. One consisting of persons having the HIC certificates and the other having the SIC certificates. A question arose as to for the purpose of promotion as Junior Health Inspector Gr.II, how these two sets of people have to be considered? That question was settled by a Division Bench of this Court in W.A.Nos.2284, 2750 & 2848 of 2000, which is produced as Ext.P1. In that, this Court directed the seniority will have to be re-fixed putting candidates in List I (that is the list consisting of persons holding HIC) as seniors to candidates in List II ( that is the list consisting of persons holding SIC) and those persons, who were not selected by the PSC but regularised subsequently will be placed thereafter. That judgment was confirmed by the Supreme Court also in SLP. In accordance with that judgment, Ext.P3 provisional seniority list was published, wherein the petitioners were placed in List I. But when it was confirmed by Ext.P4 seniority list, the petitioners were placed in List II. That is under challenge before me. 2. According to the petitioners, the petitioners are W.P.(c)No.18457/05 3 legally entitled to be put in List I in accordance with their seniority. 3. The learned Government Pleader and the learned counsel appearing for the additional respondents canvassed for the position that since the petitioners were recruited through special recruitment by the PSC and in respect of them no mention is made in Ext.P1 judgment, they can only be included in List II. 4. I have considered the rival contentions in detail. 5. Whether by special recruitment or general recruitment, the persons selected through PSC have to be treated alike. Under law, there cannot be a distinction drawn between them, after their selection by the PSC. Therefore, there cannot be any doubt that the petitioners, although selected by special recruitment, would stand on the same footing as those persons directed to be put in List I by Ext.P1 judgment. Therefore, as of right the petitioners are entitled to be put in List I as has been rightly done in Ext.P3. That being so, relegating of the petitioners to List II in Ext.P4 final seniority list is clearly unsustainable. 6. Accordingly, Ext.P4 seniority list is quashed. The 2nd W.P.(c)No.18457/05 4 respondent is directed to prepare a fresh seniority list placing the petitioners in List I in accordance with Ext.P1 judgment treating the petitioners also as persons entitled to be put in List I as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. All further promotions and the seniority list of the petitioners in the promoted posts shall also be revised in accordance with such seniority. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.18457/05 5