IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26024 of 2010(C)
1. R.VIJAYAKUMARI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESETNED BY THE
... Respondent
2. THE DISTRICT OF MEDICAL EDUCATION,
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/09/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 26024 of 2010
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Dated this the 2nd day of September, 2010
J U D G M E N T
The petitioner is presently working as a Senior Grade
Opthalmic Assistant, which according to the petitioner is
interchangeable with posts of Refractionists, Orthoptists and
Opthalmic Assistants which are feeder posts for promotion as
Tutor Technicians. The petitioner would contend that the
petitioner therefore is entitled to be promoted to the post of Tutor
Technicians. The Government has decided to start B.Sc.
Optometric course for conducting which course, three posts of
Tutor Technicians have been created. Petitioner seeks
promotion of one of those posts. The petitioner’s grievance is
that instead of promoting the petitioner, the 2nd respondent is
taking steps to appoint persons from outside. Petitioner has
therefore filed Ext.P4 representation before the 1st respondent.
Petitioner presently seeks direction to the 2nd respondent to
consider and pass orders on Ext.P4 expeditiously.
The learned Government Pleader submits that the
petitioner is not entitled to be considered for promotion in the
post of Tutor Technician now created, in so far as the petitioner is
W.P.(C).No. 26024 of 2010 2
working in the department of Health Services, whereas the
present post have been created in the Medical Education
Department which are distinctive and separate department.
Therefore, he submits that the petitioner cannot aspire for
promotion to the post of Tutor Technician in Medical Education
Service.
I am not inclined to go into the rival contentions on merits,
in so far as Ext.P4 representation is pending in this regard and it
is for the 1st respondent to consider the matter in the first
instance in accordance with law. Accordingly without expressing
any opinion on the merits of the claim, I dispose of this writ
petition with a direction to the 1st respondent to consider and pass
orders on Ext.P4 as expeditiously as possible at any rate within
two months from the receipt of copy of this judgment.
S.SIRI JAGAN, JUDGE
mns