Disposed

Thankachan v. State of Kerala

Kerala HC10 Jan 2008WP(C)/1164/2008

Case brief

AI extract

What is this about?

Field Workers filed a writ petition challenging a Government circular that imposed a moratorium on promoting them to Field Assistants post. The court directed the 1st respondent to consider pending representations and recommendations to decide on lifting the ban.

What did the court decide?

Directions to the 1st respondent to consider representation petitions (Exts.P11-P15) and recommendations to decide on lifting the moratorium on promotion within two months.

Thankachan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929

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WP(C).No. 1164 of 2008(L)

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PETITIONERS:

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THANKACHAN K.O., FIELD WORKER, N.F.C.P UNIT, KOZHIKODE-32.

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PREMAN.M, FIELD WORKER, N.F.C.P. UNIT, KOZHIKODE-32.

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ABDUL KAREEM A.M., FIELD WORKER, N.F.C.P UNIT, KOZHIKODE-32.

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PRAKASHAN P.K., FIELD WORKER, N.F.C.P UNIT, VADAKARA, KOZHIKODE DIST.

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P.P.JABAR, FIELD WORKER, N.F.C.P UNIT, VADAKARA, KOZHIKODE DIST.

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH &

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FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF HEALTH, THIRUVANANTHAPURAM.

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THE DISTRICT MEDICAL OFFICER, KOZHIKODE.

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BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI, J.

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W.P.(C).No.1164 of 2008

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Dated this the 10^th day of January, 2008.

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JUDGMENT

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The petitioners are Field Workers, presently working in the National Filaria Control Project Unit, Kozhikode. According to them, as per the Special Rules contained in Ext.P1, Field Workers are entitled to be considered for promotion to the post of Field Assistants after completing 10 years of service. But, apparently, when vacancies of Field Assistants arose and promotions were sought for, the Government took a decision as per Ext.P2, the gist of which is as follows:

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“As per Government Circular No.13752/C2/2002/H&FWD dated 27^th October, 2005, it has been decided not to report the vacancy of Field Assistant in Filaria Wing to Kerala Public Service Commission. The post of Field Assistant and Insect Collector in Filaria Wing were treated as addition to the cadre of Junior Health Inspector Grade-II of General Health. As the posting to the cadre of Field Assistant/Insect Collector is banned promotion to that cadres cannot be effected.”

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W.P.(C).NO.1164/08

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:: 2 ::

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In effect, therefore, there is moratorium on filling

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up the vacancies of Field Assistants by promotion of Field Workers. The petitioners are essentially aggrieved by Ext.P2. They have sought for modification of Ext.P2 and representations have been submitted by them in this regard before the District Medical Officer. But they are addressed to the 1^st respondent. Learned counsel for the petitioners also refers to Ext.P9, apparently, bringing to the notice of the Government reasons for filling up the vacancies of Field Assistants in the manner in which it was done before the operation of Ext.P2.

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After having heard the learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the 1^st respondent to consider Exts.P11 to P15, taking note of the recommendations made by the District Medical Officer, Kozhikode in Ext.P9. The prayer made in Exts.P11 to P15 may be considered, for lifting the moratorium contained therein permanently or for a specific period of time. If the request is accepted, suitable remedial action, in the manner aforementioned, shall be taken by the 1^st respondent after

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W.P.(C).NO.1164/08

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:: 3 ::

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hearing one among the petitioners, within two months from the date of receipt of a copy of this judgment.

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Sd/- (V.GIRI) JUDGE

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sk/

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//true copy//

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P.S. To Judge

Thankachan v. State of Kerala

Case brief

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Thankachan v. State of Kerala

Case brief

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