SETHUMADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The promotion and postings of two Doctors, viz. the petitioner and the second respondent are the subject matter of this writ petition. By Ext P-1 dated 1st June 1990 the second respondent was promoted and posted as Deputy Superintendent, Government Hospital, Kozhikode in the place of the petitioner transferred therefrom. The petitioner who was functioning as Deputy Superintendent, Government Hospital, Kozhikode was transferred and posted as Deputy District Medical Officer (H) Kasaragod in the place of Dr. Abdul Jaleel transferred. The case of the petitioner is that he has been posted as Deputy Superintendent on promotion to Kozhikode on 23rd February 1989 and he has to retire on superannuation on 31st July 1991. Therefore, under the guidelines he was permitted to continue in the existing post at Kozhikode. The case of the second respondent also is almost the same. The second respondent was promoted by Ext. P-1 order dated 1st June 1990 and instead of posting him in Kasargode District where there are two vacancies including the vacancy which arose consequent on transfer of Dr. Abdul Jaleel, he was posted as Deputy Superintendent, Government Hospital, Kozhikode, in the place of petitioner transferred. Therefore, the petitioner approached this Court and this Court, by Ext. P-3 judgment in O. P. 5166 of 1990, dated 8th June 1990, directed the petitioner to file a representation highlighting his grievances and further directed the first respondent to dispose of such representation in the light of the observation made in the judgment. The operative portion of the judgment reads as follows:

(2.) In R. D. Shetty v. International Airport Authority 1979 (3) SCC 489 Supreme Court observed:

(3.) But by Ext. P-7 the first respondent has chosen to deny the request of the petitioner. Ext. P-7 was once again challenged by the Petitioner before this Court and this Court by judgment in O. P. No. 7295 of 1990 quashed Ext. P-7 and directed the Government to take back the representation filed by the petitioner to file and To pass orders according to law. The relevant portion of the order passed by this Court reads as under: