IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WA.No. 55 of 2010() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1932/2005 Dated 04/02/2009 .................... APPELLANT(S): PETITIONER ------------------------ T.NIRMALA, W/O.P.S.GOPALAKRISHNAN, AGED 47 YEARS, STAFF NURSE GRADE-I, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR DEVASWOM, GURUVAYUR. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): RESPONDENTS -------------------------- 1. THE COMMISSIONER, O/O.THE COMMISSIONER FOR GURUVAYUR DEVASWOM, THIRUVANANTHAPURAM. 2. THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR. 3. THE MEDICAL SUPERINTENDENT, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR, THRISSUR DISTRICT. 4. MRS.LINDA K.K., HEAD NURSE, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR, THRISSUR DISTRICT. 5. MRS.JULA BHAI, HEAD NURSE, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR, THRISSUR DISTRICT. 6. MRS.SHEELA P.P., STAFF NURSE GRADE-I, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR, THRISSUR DISTRICT. 7. MRS.RADHA.T., STAFF NURSE GRADE I, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR, THRISSUR DISTRICT. 2 8. MRS.SUJATHA T.K., STAFF NURSE GRADE I, GURUVAYUR DEVASWOM MEDICAL CETRE, GURUVAYUR, THRISSUR DISTRICT. G.P. SMT. K. MEERA ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE FOR R4-7,9 SRI.MILLU DANDAPANI FOR R4-7,9 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/06/2010, ALONG WITH WA NO. 61 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. Nos. 55 & 61 OF 2010 -------------------------------------------- Dated this the 7th day of June, 2010 JUDGMENT Ramachandran Nair, J. These are Writ Appeals filed against the judgments of the learned single Judge confirming the order of the Guruvayur Devaswom Commissioner declining Appellant's claim for promotion as Head Nurse in the year 1987. The appellant joined as a staff nurse from the year 1982 in the Hospital under the management of Guruvayur Devaswom. Appellant's case is that staff fixation and pay scales are the same as that of Government nurse and going by the ratio followed for promotion of staff nurse to Head Nurse which was in the ratio 2:1, appellant should have been promoted as Head Nurse in the year 1987. However, the appellant continued as staff nurse and she left service in 1991 to work abroad for a period of six years. Appellant was granted leave without wages for foreign employment. She returned in the year 1997 and within a period of six months of joining service, she was promoted as Head Nurse. However, later the Government changed the W.A.NOS. 55 & 61/2010 2 ratio of staff nurse to Head Nurse from 2:1 to 2:2:1. In other words, only when there are two junior Grade II and two Junior Grade I staff nurses, there is scope for appointment of a Head Nurse. On account of change in ratio the number of vacancy of Head Nurse came down and being junior, appellant was reverted to Grade I nurse against which appellant has no complaint. However, appellant has a grievance because if she was promoted in 1987 as Head Nurse, she would have been senior to the person who is presently retained as Head Nurse and the other person would have been reverted. The learned single Judge held against the appellant and hence these appeals. 2. During hearing, we specifically asked the question whether the appellant is challenging the promotion given to other nurse when the vacancy arose, that was when the appellant was abroad. This is permissible under Rule 4 of Appendix XIIA under which a person going abroad will forgo promotion post arising during the period of absence of such person. Therefore under the rules appellant cannot on return from abroad question the promotion given to the other person. The claim of the appellant that she was entitled to be promoted in 1987 W.A.NOS. 55 & 61/2010 3 cannot be considered now because after refixation of ratio appellant cannot now be appointed as Head Nurse with retrospective effect from 1987. In the circumstances, we find no merit in the Writ Appeals. Consequently we dismiss the Writ Appeals. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk W.A.NOS. 55 & 61/2010 4