High Court Kerala High Court

G. Kunjulekshmi vs State Of Kerala on 8 August, 2007

Kerala High Court
G. Kunjulekshmi vs State Of Kerala on 8 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30482 of 2006(D)


1. G. KUNJULEKSHMI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DISTRICT MEDICAL OFFICER,

3. PRINCIPAL,

                For Petitioner  :SRI.K.P.RAJEEVAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :08/08/2007

 O R D E R
                     ANTONY DOMINIC,J.
                      -------------------------
                 W.P ( C) No. 30482 of 2006
                      --------------------------
           Dated this the 8th day of August, 2007

                        J U D G M E N T

The petitioner is a Hospital Attendant Gr.II in College of

Nursing, Thiruvananthapuram. She was appointed on the advice

of the Employment Exchange under Rule 9 (a) (1) of the Kerala

State and Subordinate Services Rules by the District Medical

Officer, Thiruvananthapuram, who is the appointing authority, as

per the Special Rules. The method of appointment of Hospital

Attendant Gr.II is either by promotion of Part-time Contingent

Employees or in their absence, by direct recruitment through

Employment Exchange. The petitioner submits that there were

no persons eligible for promotion at the relevant time and

therefore, she may be regularised in service.

2. Heard learned Government Pleader for the

respondents.

3. The point raised by the petitioner is covered by the

decision of this court in Vasanthi V. State of Kerala [2006 (1)

KLT 288].

4. It is ordered that the directions in that case will

govern this case also. The District Medical Officer,

W.P ( C) No. 30482 of 2006
2

Thiruvananthapuram shall examine whether there were any

persons waiting for promotion when the requisition to the

Employment Exchange was sent. If there were no hands

available for promotion, the petitioner’s appointment shall be

regularised, as ordered in the above judgment.

Writ petition is allowed as above.

(ANTONY DOMINIC,JUDGE)
ma

/True copy/

P.A to Judge

W.P ( C) No. 30482 of 2006
2

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007