SUHARA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) When C.M.P. 22918/1991 came up for orders, learned counsel representing the petitioner and the learned Advocate General wanted to have the Original Petition itself heard and disposed of. Accordingly, I heard them at length. I am disposing of the Original Petition.

(2.) Petitioner is the seniormost doctor in the Health Services Department. When Dr. P. Indira, Director of Health Services (IPP & FW) was posted as Director of Health Services (M & PH) on the retirement of her predecessor in office Sri. K.A. Kesavan, petitioner, Additional Director of Health Services (PH) was provisionally promoted as Director of Health Services (IPP & FW), as per Exhibit P1 order dated 5-1-1991. When Dr. P. Indira retired on superannuation on 31-1-1991, petitioner was posted on a regular basis as Director of Health Services (M & PH), as per Exhibit P4 order dated 31-1-91. It is conceded before me that the post of Director of Health Services (M & PH) is the administrative head of the Department. From Exhibits P1 and P4 orders, it is evident that the Senior Director of Health Services is posted as Director of Health Services (M & PH). While Petitioner was functioning as the Head of the Department, by holding the post of Director of Health Services (M & PH), Government issued Exhibit P15 order dated 3-12-1991 purporting to be a re-arrangement of the work among Directors and Additional Directors of Health Services Department. As a result of this, petitioner is put in charge of Family Welfare and Indian Population Project. Petitioner challenges this so-called re-arrangement of work.

(3.) Bereft of unnecessary materials, the short question that arises for consideration is whether petitioner, who was found to be the Senior Director of Health Services and posted as Director of Health Services (M & PH), is to be put in charge of Director of Health Services (IPP & FW).