IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 19568 of 2009(M) -------------------------------------- PETITIONER(S): ------------------------ AJI.G., S/O.P.GRIGARY, JUNIOR HEALTH INSPECTOR GRADE-II, COMMUNITY HEALTH CENTRE, VATHIKUDY, IDUKKI, RESIDING AT ANILA BHAVAN, NEAR ST.GEORGE U.P.S. AYUR, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): -------------------------- 1. STATE OF EKRALA REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICE, GOVERNMENT OF KEALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF URBAN AFFAIRS, (FORMERLY KNOWN AS DIRECTOR OF MUNICIPALITIES,) GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH,IDUKKI. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.19568 of 2009-M ------------------------------ Dated this the 29th day of July, 2009. J U D G M E N T Heard Sri.B.Mohan Lal, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Junior Health Inspector Grade II in the Health and Family Welfare Department. He entered service in the Department on 10.1.2003. Formerly he was working as Junior Health Inspector Grade II in the Municipal Common Service, where he entered service on 21.1.2002. Pursuant to his appointment in the Health and Family Welfare Department he was relieved from Municipal Common Service on 9.1.2003. The probation of the petitioner in the category of Junior Health Inspector Grade II has been declared satisfactorily completed with effect from 10.5.2005. Thereafter he moved the Director of Health Services by submitting Ext.P6 representation dated 23.6.2009 seeking repatriation to the Municipal Common Service under Rule 8 of Part II of the KS & SSR. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to repatriate him to the Municipal Common Service. In the alternative he seeks a direction to the second respondent to consider the request made by him in Ext.P6 W.P(C) No.19568 of 2009-M 2 representation and pass orders thereon within a time limit to be fixed by this Court. 3. A Full Bench of this Court has in Balakrishnan Nair V. Ram Mohan Nair (1998(1) KLT 766 (FB) held that Government employees are entitled to be repatriated to the parent department if they have not been confirmed in the department which they are working. The said decision was upheld by the Apex Court in Ali V. State of Kerala (2003(2) KLT 922). The petitioner has along with I.A.No.9288 of 2009 produced Ext.P8 letter dated 3.7.2009 sent by the District Medical Officer, Idukki to the Director of Health Services, wherein it is stated therein that the petitioner has not so far been confirmed in the Health & Family Welfare Department. Therefore, applying the principles laid down this Court and the Apex Court, the petitioner is entitled to be repatriated to the parent department. In that view of the matter, I am of the opinion that the request made by the petitioner in Ext.P6 merits consideration at the hands of the Director of Health Services. I accordingly dispose of this writ petition with the direction to the Director of Health Services to consider the request made by the petitioner in Ext.P6 and pass orders thereon, in the light of Ext.P8 letter dated 3.7.2009 sent by the District Medical Officer, Idukki, Ext.P7 circular and the decisions of this Court and the Apex Court referred to above. Final W.P(C) No.19568 of 2009-M 3 orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment before the Director of Health Services. The petitioner shall in order to enable the Director of Health Services to act as directed above, produce before him a copy of this judgment along with a copy of this writ petition and I.A.No.9288 of 2009, complete in all aspects. Needless to say, till orders are passed as directed above, the petitioner shall not be confirmed in the Health and Family Welfare Department where he is presently working. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.19568 of 2009-M 4