Dr.Anitha D vs State Of Kerala Represented By The on 16 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34479 of 2010(H)


1. DR.ANITHA D,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF INSURANCE MEDICAL

                For Petitioner  :SRI.T.V.AJAYAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/11/2010

 O R D E R
                          S. SIRI JAGAN, J.
                  -----------------------------------
                     W.P.(C) No.34479 OF 2010
                ---------------------------------------
           Dated this the 16th day of November, 2010
                               JUDGMENT

The petitioner is presently working as Superintendent of ESI

Hospital, Thrissur since 12.6.2009. The petitioner has now been

promoted as Joint Director of Insurance Medical Services.

According to the petitioner, the petitioner has submitted Ext.P11

statement of relinquishment of promotion stated to be as

directed by the Government in Ext.P9. However, by Ext.P15

order, the petitioner has now been directed to be relieved to take

charge of the promoted post without passing orders on Ext.P11.

According to the petitioner, as per the Government orders in

force, the petitioner cannot be forced to take up the promoted

post, when the petitioner has already submitted Ext.P11

statement of relinquishment of promotion to the post. Therefore,

the petitioner seeks the following reliefs:

“i) issue a writ of Certiorari or other appropriate writ,
direction or order calling for the records leading to Ext.P-
14 and P-15 and quash the same.

ii) issue a writ of Mandamus or other appropriate
writ, direction or order directing the 1st respondent to
accept the Ext.P-11 statement of relinquishment of
promotion as Joint Director/Regional Deputy Director in

W.P.(C)No.34479/10 2

the Insurance Medical Services, submitted by the
petitioner.

iii) to declare that Ext.P-16 Government order is
not in force and in applicable being revised by Ext.P-
17 Government order or to declare the Guideline No.

(vi) in paragraph 3 of Ext.16 Government Order is null
and void.

iv) to issue a writ of Mandamus or other
appropriate writ, direction or order directing the 2nd
respondent to revise Ext.P-12 seniority list of
Insurance Medical Officers assigning the petitioner
proper ranking taking into account her eligible
qualified service on the basis of Ext.P-1 Government
order and to direct the 1st respondent to review the
Ext.P-15 promotion to the post of Joint Director of
Insurance Medical Services Department accordingly.”

2. I have heard the learned Government Pleader also.

I am of opinion that, when the petitioner has submitted

Ext.P11 relinquishment statement, the appropriate authority

has a duty to consider and pass orders on the same before the

petitioner can be directed to take charge in the promoted post.

Accordingly, this writ petitioner is disposed of with a

direction to the first respondent to consider and pass orders on

Ext.P11 as expeditiously as possible. Till orders are passed on

Ext.P11, the petitioner shall not be relieved from ESI Hospital,

Thrissur to join the post which the petitioner has been

promoted. The petitioner shall be afforded an opportunity of

being heard before passing orders on Ext.P11. It would be

W.P.(C)No.34479/10 3

open to the petitioner to rely on any order in favour of the

petitioner, the applicability of which shall also be considered by

the Government.

S. SIRI JAGAN, JUDGE

acd

W.P.(C)No.34479/10 4