IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 15017 of 2006(K) ------------------------- PETITIONER : --------------------- SAJEESHKUMAR.K.P, S/O.KUTTIKRISHNAN NAMBIAR, KOOTTOLPOIL HOUSE, VATAYAM.P.O, KAKKATTIL (VIA.), KOZHIKODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, KOZHIKODE. 4. SRI.SURESHKUMAR.S, U.D.CLERK, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE R4 BY ADVS. SRI.B.RAGUNATHAN SRI.V.V.MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15017 of 2006(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GO (MS) NO. 301/68/PD DT. 26.9.68. EXT.P2 : COPY OF THE SENIORITY LIST OF TYPIST IN GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM AS ON 1.6.00. EXT.P3 : COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 12.5.06. EXT.P4 : COPY OF THE REPRESENTATION SENT BY THE TO 1ST RESPONDENT DATED 19.5.06. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.15017 of 2006-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2011. JUDGMENT This writ petition is filed by the petitioner challenging the transfer appointment of the fourth respondent as U.D. Clerk from the post of L.D.Typist, on completion of 10 years of service. 2. The petitioner entered service on on 3.5.2002 as L.D. Clerk and his probation was declared as per proceedings dated 22.6.2004. The fourth respondent entered service as L.D. Typist on 6.12.1995 and he completed 10 years of service on 6.12.2005. When a vacancy of U.D. Clerk arose on 4.5.2006, the petitioner made a representation for promotion, being the seniormost L.D. Clerk. By Ext.P3, as per category change, the fourth respondent was appointed as U.D. Clerk. 3. The fourth respondent was thus appointed in terms of the relevant clause contained in Ext.P1 which provides for the method of appointment by category change in such cases. Going by the same, in every 6th vacancy arising in the concerned department, a transfer appointment is permitted in favour of Upper Division Typists. The only contention raised by the petitioner herein is that the said provision would mean that it should be 2 every 6th vacancy after the fourth respondent completed 10 years of service. 4. The respondents have filed a counter affidavit. 5. Evidently, the contention raised by the petitioner cannot be accepted. Going by the relevant clauses in Ext.P1, a U.D. Typist/Stenographer who has got 10 years of service, will be eligible for appointment as U.D. Clerk in every sixth vacancy arising in the concerned Department. It is not as if the vacancy should be one which should occur after the person who is eligible for promotion completes 10 years. Such an interpretation by the petitioner will go against the express stipulations made in Ext.P1 itself. Evidently, the sixth vacancy is one which should arise in the Department and if the person concerned has fulfilled the eligibility conditions, he is liable to be granted category change. Therefore, I do not find any reason to interfere with Ext.P3. Hence, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/