Viswambaran.K. vs State Of Kerala on 30 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35461 of 2010(G)


1. VISWAMBARAN.K., PEON,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR OF HEALTH SERVICE,

3. DISTRICT MEDICALOFFICER (HEALTH),

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :30/11/2010

 O R D E R
                                S. Siri Jagan, J.
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                         W.P(C) No. 35461 of 2010
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             Dated this, the 30th day of November, 2010.

                               J U D G M E N T

The petitioner is working as a Peon in the Health Service

Department in the Primary Health Center, Vadavannur in Palakkad

district. Prior to entering Health Service, he was working in the

Rural Development Department. He entered the Health Service

Department on 26.7.2008. The next promotion to which the

petitioner can aspire for is that of Junior Health Inspector Grade II.

By Ext. P3, applications were invited from eligible departmental

candidates in the Health Department who secured Health Inspectors’

Training Certificate/Sanitary Inspector Course and were in service

before 8.7.2008 for preparation of a panel of employees for promotion

to the post of Junior Health Inspector Grade II. The petitioner

apprehends that the petitioner’s application would not be considered

on the ground that he was not in service of Health Department as on

8.7.2008. It is under the above circumstances, the petitioner has

filed this writ petition seeking the following reliefs:

“i) To declare that the petitioner is eligible to be considered for
by transfer appointment to the post of Junior Health Inspector
Gr.II on the basis of his service records stated in this W.P(c) and
in Ext. P4 application and by treating him as eligible for promotion
as Junior Health Inspector Gr. II;

ii) to issue a writ of mandamus directing the 2nd respondent to
accept Ext. P 4 and to consider the same by treating the petitioner
as eligible for appointment by transfer to the post of Junior Health
Inspector Gr. II.”

2. In Ext. P3 circular inviting applications, it is specifically

stated thus:

“It is proposed to prepare a panel of list to the post of Junior
Health Inspector Gr. II by promotion/transfer appointment. Hence
applications are invited from eligible departmental candidates in

W.P.C. No. 35461/2010 -: 2 :-

the Health department who secured Health Inspectors Training
certificate/Sanitary Inspector Course and were in service before
8.7.2008. . . . . .”

The contention of the petitioner is that it is not stated therein that the

applicant should have been in service of the Health Department

before 8.7.2008. I am unable to accept that contention. Ext. P3

circular makes it clear that the applicant should have been in service

before 8.7.2008 in the Health Department itself.

Therefore, I do not find any merit in the writ petition and

accordingly the same is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[TRUE COPY]

P.S TO JUDGE.