High Court Kerala High Court

E.Sathyanathan vs District Medical Officer on 16 March, 2009

Kerala High Court
E.Sathyanathan vs District Medical Officer on 16 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6624 of 2009(W)


1. E.SATHYANATHAN, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. DISTRICT MEDICAL OFFICER,
                       ...       Respondent

2. SECRETARY TO THE GOVERNMENT,

                For Petitioner  :SRI.P.R.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :16/03/2009

 O R D E R
               T.R.RAMACHANDRAN NAIR,J.
                      -------------------------
                 W.P ( C) No.6624 of 2009
                     --------------------------
             Dated this the 16th March,2009

                       J U D G M E N T

The petitioner is presently working as Masseur in the

District Ayurvedic Hospital, Kozhikode. His initial

appointment was as a Part-time Sweeper on 3.10.1983

and he was appointed as Hospital Assistant on 31.3.1987.

Thereafter, he worked as Attender-cum-Nursing Assistant

from 23.5.1989. While the petitioner was working as

Attender-cum-Nursing Assistant, as per Exhibit-P1 the list

of 10 candidates eligible for promotion as Masseur was

published. He was Sl. No.10 therein. Petitioner

subsequently got promotion as Masseur as per Exhibit-P2

order dated 2.7.2008.

2. By Exhibit-P3, a notice was served on him

proposing to cancel the promotion thus granted. It is

mentioned in Exhibit-P3 that it is based on some

complaint. He replied by submitting Exhibit-P4.

3. In this writ petition, he has challenged Exhibit-

P3. Learned counsel for the petitioner submitted that a

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copy of the complaint has not been given to him so far and

therefore before any action is taken on Exhibit-P3 he may

be given an opportunity for personal hearing also.

4. Learned Government Pleader, on instructions,

submits that one Sri. M.V. Moideen, Attender Gr.I in

Government Ayurveda Dispensary, Kayamkulam has

objected to the promotion granted to the petitioner.

5. In the result, the writ petition is disposed of

directing the 1st respondent to issue a copy of the complaint

filed by the said complainant to the petitioner within a

period of two weeks from the date of receipt of a copy of

this judgment. Petitioner will be entitled to submit an

additional explanations, if any, after receipt of the said

complaint. Before passing final orders in the matter,

petitioner and the complainant Sri. M.V. Moideen will be

given an opportunity for personal hearing also.

The writ petition is disposed of as above.

(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma

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