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