IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16120 of 2008(R)
1. B.GOPINATHAN NAIR,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. THE DEPUTY DIRECTOR OF HEALTH SERVICES
For Petitioner :SRI.P.SANKARANKUTTY NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :30/05/2008
O R D E R
V.GIRI, J
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W.P.(C).16120/2008
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Dated this the 30th day of May, 2008
JUDGMENT
Petitioner, who is working as Deputy Director of
Education and Media Officer, Thiruvananthapuram, has
sought for a posting as Food Inspector which amounts to
a reversion to a lower post. This is provided under Rule
21(a) of Part-I of the KSR. Petitioner has been
constrained to resort to this request to enable him to take
care of his ailing wife and son, who are being treated in
the Regional Cancer Centre, Thiruvananthapuram.
Petitioner points out that the request made by his junior
Sri.P.Unnikrishnan Nair, on account of personal problems
was accepted by the Government and the incumbent was
directed to be given a suitable posting. As per Ext.P7,
Unnikrishnan Nair was given a posting as Food Inspector
in the Kollengode Circle, Palakkad District. Petitioner has
filed several representations before the Government
seeking a similar direction and the latest one, Ext.P10, is
pending before the Government. Petitioner further
W.P.(C).16120/2008
2
submits that he has three years in service for
superannuation.
2. I heard learned counsel for the petitioner and the
learned Government Pleader.
3. Having perused the averments in the writ petition
as also Ext.P10 in the light of Ext.P6, I am of the view
that the petitioner’s request is liable to be considered
by the Government. If there is any factor which stands in
the way of the Government in accepting the petitioner’s
request, same must be specifically communicated to the
petitioner.
4. In the result, writ petition is disposed of directing
the first respondent to consider and pass orders on
Ext.P10 within a period of one month from the date of
receipt of a copy of this judgment, in the light of Ext.P6
order. I make it clear that if there is any factor which
stands in the way of the Government accepting the
W.P.(C).16120/2008
3
petitioner’s request, it must be specifically indicated in
the order to be passed by the Government. I am sure
that the Government shall sympathetically consider the
case of the petitioner and pass appropriate orders as
indicated above. Petitioner shall produce a copy of the
writ petition also, along with the copy of the judgment
before the first respondent.
V.GIRI,
Judge
mrcs