IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22465 of 2009(C)
1. MINI PHILIP, DIETICIAN GRADE-II,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HEALTH SERVICES,
3. DIRECTOR OF MEDICAL EDUCATION,
4. SUJETHA ABRAHAM,
5. LOLA THOMAS, DIETICIAN GRADE-II,
6. MEENA SOMRAJ,
7. JAINY.K.CYRIAC,
8. JINCY GEORGE, DIETICIAN GRADE-II,
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent :SRI.D.ANIL KUMAR
The Hon'ble MR. Justice V.GIRI
Dated :25/09/2009
O R D E R
V.GIRI, J
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W.P.(C).22465/2009
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Dated this the 25th day of September, 2009
JUDGMENT
Petitioner who is Dietitian Grade-II in the Department
of Health Services opted to be shifted to the Directorate of
Medical Education. She submitted an option as per Ext.P2 in
which she has also been asked to give her place of posting as
per preference. While she has opted for the Medical
Education Department, in column No.14 relating to the
stations required for posting (in the order of preference),
she has shown only the Medical College Hospital, Kottayam.
Though in the original draft list of persons whose options
were to be accepted, as evidenced by Ext.P5, she has also
been included, it seems that later she has been excluded
there from as evidenced by Exts.P6 and P7 which are under
challenge in this writ petition.
2. Learned counsel for the respondents points out that it
is quite possible that the preference shown by the petitioner
for a station of posting namely the Medical College Hospital,
Kottayam, could have been opted by any person, senior to
W.P.(C).22465/09
2
the petitioner, therefore, petitioner’s option may not have
been accepted.
3. Option is exercised in relation to the Department. If
therefore, an option by any person who is junior in the
same post has been accepted in preference to the
petitioner, then, the matter requires a verification and
appropriate correction at the hands of the Government. The
matter shall therefore be considered by the Government.
4. In the result, petitioner may file a representation
before the Government pointing out the above aspects
within two weeks from today and the Government shall
consider the request with reference to the following
aspects.
(i). Whether as per the guidelines which are
already relied on, the option exercised by an
incumbent is to be considered with reference to
the Department.
(ii). Whether the option by an incumbent to be
shifted to the Directorate of Medical Education is
W.P.(C).22465/09
3
liable to be rejected, if the station for posting
given by the incumbent has already been opted
for by any other senior incumbent as such.
5. Government shall take a decision on the
representation after notice to the affected persons within
four weeks from the date of receipt of a copy of this
judgment. Petitioner shall be retained in the present place
of posting till the Government takes a decision. It is made
clear that orders passed by the Department of Health
Services, consequent upon the acceptance of options from
different persons in the Health Services Department can be
operated upon and the fact that the petitioner is being
permitted to be retained in the present place of posting
shall not stand in the way of operation of such orders.
Writ petition is disposed of as above.
V.GIRI,
Judge
mrcs