IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 26024 of 2010(C) -------------------------- PETITIONER : --------------- R.VIJAYAKUMARI, SENIOR GRADE OPHTHALMIC ASSISTANT, GOVERNMENT OPHTHALMIC HOSPITAL, THIRUVANANTHAPURAM BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENTS : --------------- 1. STATE OF KERALA, REPRESETNED BY THE SECRETARY, HEALTH & FAMILY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 011. BY GOVT. PLEADER SRI.ARAVINDA KUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK S.SIRI JAGAN, J. ================== W.P.(C).No. 26024 of 2010 ================== Dated this the 2nd day of September, 2010 J U D G M E N T The petitioner is presently working as a Senior Grade Opthalmic Assistant, which according to the petitioner is interchangeable with posts of Refractionists, Orthoptists and Opthalmic Assistants which are feeder posts for promotion as Tutor Technicians. The petitioner would contend that the petitioner therefore is entitled to be promoted to the post of Tutor Technicians. The Government has decided to start B.Sc. Optometric course for conducting which course, three posts of Tutor Technicians have been created. Petitioner seeks promotion of one of those posts. The petitioner's grievance is that instead of promoting the petitioner, the 2nd respondent is taking steps to appoint persons from outside. Petitioner has therefore filed Ext.P4 representation before the 1st respondent. Petitioner presently seeks direction to the 2nd respondent to consider and pass orders on Ext.P4 expeditiously. The learned Government Pleader submits that the petitioner is not entitled to be considered for promotion in the post of Tutor Technician now created, in so far as the petitioner is W.P.(C).No. 26024 of 2010 2 working in the department of Health Services, whereas the present post have been created in the Medical Education Department which are distinctive and separate department. Therefore, he submits that the petitioner cannot aspire for promotion to the post of Tutor Technician in Medical Education Service. I am not inclined to go into the rival contentions on merits, in so far as Ext.P4 representation is pending in this regard and it is for the 1st respondent to consider the matter in the first instance in accordance with law. Accordingly without expressing any opinion on the merits of the claim, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P4 as expeditiously as possible at any rate within two months from the receipt of copy of this judgment. S.SIRI JAGAN, JUDGE mns