IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28317 of 2009(H) --------------------------------------- PETITIONER(S): ----------------------- 1. ANNANDAVALLY. A., STAFF NURSE - GRADE 1, P.H.C., KODANTHURUTH, ALAPPUZHA DISTRICT. 2. MERCY MOL SCARIA, STAFF NURSE - GRADE 1, C.H.C., THURAVOOR, ALAPPUZHA. BY ADV. MR.O.D.SIVADAS MR.S.SHAJI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, THE OFFICE OF THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 28317 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 9th day of October 2009. JUDGMENT Petitioners currently working as Staff Nurse Grade-I, claim that they are entitled to ratio promotion to the cadre of Staff Nurse Grade-I with an anterior date. Apparently the 1st petitioner joined Kottayam District and 2nd petitioner joined Wayanad District as Staff Nurse Grade-II. They were later transferred to Alappuzha District on their request and it is after the transfer that they were promoted as Staff Nurse Grade-I. Their claim is that had they been given promotion as Staff Nurse Grade-I earlier they would not have requested for an inter- district transfer. They contend that if the seniority had been assigned correctly, then they would have been promoted as Staff Nurse Grade-I on an earlier date. 2. I heard learned Government Pleader also. 3. I do not propose to consider the petitioners' claim on merits. Suffice to say that the aspect highlighted in Exts.P5 and P6 may be considered and an appropriate reply may be given by W.P.(C). No. 28317 OF 2009 2 the first respondent to the petitioners within 2 months from the date of receipt of a copy of this judgment. It is made clear that if acceptance of the claim made by the petitioner entails loss of seniority of any another person, obviously such person shall be heard before a decision is taken. I further make it clear that I have not considered the petitioners' contentions on merits. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/