IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 10377 of 2011(V) ------------------------------------ PETITIONER(S): ----------------------- 1. SINI P.P., STAFF NURSE, DISTRICT HOSPITAL, THRISSUR. 2. REMYA P.V., STAFF NURSE, DISTRICT HOSPITAL, THRISSUR. BY ADVS. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BYSECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT MEDICAL OFFICER, THRISSUR-680 001. 5. SUNITHA K.G., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THRISSUR-680 001. 6. JIJI ANTU V., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THRISSUR-680 001. 7. JAYA P.V., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THRISSUR-680 001. 8. DHANYA V.S., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THRISSUR-680 001. R1 TO R4 BY GOVERNMENT PLEADER SHRI.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10377 of 2011(V) A P P E N D I X PETITIONER'S EXHIBITS:- EXT.P1:-COPY OF THE ORDER NO.A5-14208/06/DMOH/THRISSUR DATED 26.6.2009 ISSUED BY THE 4TH RESPONDENT. EXT.P2:-COPY OF THE OPTION SUBMITTED BY THE 1ST PETITIONER DATED 25.6.2010. EXT.P3:-COPY OF THE OPTION SUBMITTED BY THE 2ND PETITIONER DATED 25.6.2010. EXT.P4:-COPY OF THE INFORMATION FURNISHED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 3/1/2011. EXT.P5:-COPY OF THE REPRESENTATION DATED 19.1.2011 SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT. EXT.P6:-COPY OF THE REPRESENTATION DATED 28.1.2011 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT. EXT.P7:-COPY OF THE ORDER NO.A5-14306/09 DATED 19.01.2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:- 'NIL' //TRUE COPY// P.A. TO JUDGE S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 10377 of 2011-(V) - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2011 J U D G M E N T The petitioners are Staff Nurses in the Health Services Department in Thrissur District. Pursuant to the abolition of dual control system of employees of the Health Services Department working in the Medical Education Department, petitioners submitted options to go over to the Medical Education Department. However, although their juniors were given posting at Thrissur, the petitioners were not given any posting at Thrissur District which they were entitled to as per their seniority and they are not being paid salary also. It is under the above circumstances, petitioners have filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus, or any other appropriate writ, order or direction directing the 2nd respondent to dispose of Exts.P5 and P6 forthwith; ii) issue a writ of mandamus, or any other appropriate writ, order or direction directing respondents 1 to 4 to disburse the salary due to the petitioners with arrears; iii) issue a writ of mandamus, or any other appropriate writ, order or direction directing respondents 1 to 4 to give appropriate posting to the petitioners in any of the Government Hospitals in Thrissur District in preference to their admitted juniors like respondents 5 to 8; W.P.(C) No.10377of 2011-(V) -2- 2. In identical writ petitions namely, W.P(C) Nos.6958, 7802, 7934, 8446 & 8676 of 2011, I passed the following judgment: “W.P(C) No. 8676/2011 is filed by one set of staff nurses in the Health Service Department, who chose to stick with the Health Services after the abolition of the dual control system of employees of the Health Service Department posted to Medical Education Department, complaining that they are not being given appropriate posting in accordance with their option to continue with the Health Service Department and at the same time their juniors are continuing in Health Service Department in Thrissur. They have a case that they have not been paid their salary from December 2010 also. The other writ petitions are filed by the competing staff nurses who also seek to remain in Thrissur district. 2. I am of opinion that instead of allowing matters to drift, the Government has to take a definite final decision in the matter after hearing all persons concerned. This shall be done as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It would be open to the respondents in W.P(C) No. 8676/2011 to give appropriate place of posting to the petitioners subject to the final outcome of the exercise directed to be undertaken as above. Whether the petitioners in W.P(C) No. 8676/2011 are given appropriate posting or not insofar as there is no default on their part, they shall be paid arrears of salary and continued to be paid salary for which appropriate action shall be taken by the 3rd respondent in that writ petition immediately. The stay granted in the other writ petitions would continue for the present, which shall be subject to the orders to be passed by the Government in the proceedings as directed above. The writ petitions are disposed of as above.” 3. Accordingly, following that judgment, this writ petition is disposed of in terms of that judgment. The second respondent shall also W.P.(C) No.10377of 2011-(V) -3- consider and pass orders on Exts.P5 and P6 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //TRUE COPY// P.A. TO JUDGE krj