IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1451 of 2010()
1. T.MANGALANANDAN, FIELD ASSISTANT,
... Petitioner
2. SIVAPRASAD U., FIELD ASSISTANT, HEALTH
3. GOPAKUMAR.N., INSECT COLLECTOR,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :31/08/2010
O R D E R
C.N.RAMACHANDRAN NAIR &
K. SURENDRA MOHAN, JJ.
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W.A.NO: 1451 OF 2010
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Dated this the 31st August, 2010.
JUDGMENT
Ramachandran Nair, J.
Appeal is filed against judgment of the learned Single Judge
dismissing the writ petition holding that appellants are not entitled
to be absorbed in the batch of Field Assistants taken for training
for promotion to Junior Health Inspectors. The appellants case is
that on an earlier occasion after commencement of training some
people were absorbed thereby extending the period of training in
that batch. Govt. Pleader appearing for the respondents submitted
that the training for the present batch commenced on 5/4/2010
and as of now nearly five months training is over out of the total
period of one year. The appellants case is only based on a
previous practice of taking people after commencement of training
for the batch. We feel this was an unhealthy practice which was
rightly discontinued. Therefore, an unhealthy precedent earlier
adopted by respondents does not justify the claim of the appellants
for being taken for training after an expiry of nearly half of the
period. We therefore find no merit in the writ appeal and it is
W.A.1451/2010 2
accordingly dismissed. However, we are of the view that after
absorbing all the trained persons if vacancies are likely to be there
then the respondents should arrange for commencement of the
training in the next batch without delay.
C.N.RAMACHANDRAN NAIR
Judge
K. SURENDRA MOHAN
Judge
jj
W.A.1451/2010 3