IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 18556 of 2009(L) -------------------------- PETITIONER(S): ------------------ JAINAMMA JOHN, NURSING SUPERINTENDENT GRADE II, GOVERNMENT HOSPITAL, MALAPPURAM, RESIDING AT KOLLKUZHILE HOUSE, AMICHAKARY.P.O., THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT IN THE DEPARTME NT OF HEALTH, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF HEALTH SERVICE, DEPARTMENT OF HEALTH SERVICE, TRIVANDRUM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, MALAPPURAM. GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18556/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF RELEVANT PAGES OF ORDER NO.ES3 121541/2001/DHS DT 24.12.2002. EXT.P2: A TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT VIDE ORDER NO.EE2-90821/2007/DHS DT 21.11.2008. EXT.P3: A TRUE COPY OF RELEVANT PAGES OF ORDER NO.ES3- 59608/2007/DHS DT 10.2.2009. EXT.P4: A TRUE COPY OF ORDER NO.EE2-63694/2009/DHS DT 16.6.2009. EXT.P5: TRUE COPY OF OBJECTION FILED BY THE PETITIONER. EXT.P6: A TRUE COPY OF REPRESENTATION TO DIRECTOR OF HEALTH SERVICE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 18556 OF 2009 (L) ===================== Dated this the 22nd day of December, 2009 J U D G M E N T The grievance of the petitioner is against Ext.P4 seniority list. Petitioner, who was a Staff Nurse, was promoted to the post of Nursing Superintendent Grade II. She is aggrieved by the seniority assigned to her in the seniority list referred to above. It is complained that though objections were filed, that was not considered and therefore the writ petition is filed. 2. Counsel for the petitioner has produced before me judgment rendered by this Court in WP(C) No.18115/09 and connected cases on 12th of November, 2009 dealing with identical issues. In that case, referring to the submissions made by parties, this Court came to a conclusion that though Ext.P4 seniority list has been styled as a finalised seniority list, seniority list had not attained finality and on that basis, the respondents were directed to consider the appeals/objections that have been filed against Ext.P4. Accordingly, this writ petition is also disposed of directing that it will be open to the petitioner to file her objection/appeal WPC 18556/09 :2 : against Ext.P4 seniority list before the Special Cell constituted for considering the grievance against the seniority list. It is directed that the appeal/objection if filed within three weeks from today, shall be considered by the Special Cell with notice to the parties concerned and a final decision shall be taken as directed in the judgment referred to above. Petitioner may produce a copy of this judgment also before the respondents for compliance. ANTONY DOMINIC, JUDGE Rp