IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 37298 of 2008(M) -------------------------------------- PETITIONERS: --------------------- 1. MALLIKA PANAYAN, HEAD NURSE, GOVERNMENT HOSPITAL, THALASSERY, KANNUR DISTRICT. 2. C.V.BHAMINI, HEAD NURSE, PRIMARY HEALTH CENTRE PAYANGADI, KANNUR DISTRICT. 3. THRESIA.N.U., HEAD NURSE, DISTRICT HOSPITAL KANNUR, KANNUR DISTRICT. 4. JALAJA.C.A, HEAD NURSE, DISTRICT HOSPITAL, KANNUR, KANNUR DISTRICT. 5. K.J.THRESIAMMA, HEAD NURSE, DISTRICT HOSPITAL KANNUR, KANNUR DISTRICT. BY ADVS. SRI.P.M.PAREETH, SMT.M.K.MEHRUNISHA BASIMA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. K.P.MOOSAN, NURSING SUPERINTENDENT GRADE II, GOVERNMENT HOSPITAL, KUTHUPARAMBA, P.O.KUTHUPARAMBA, KANNUR DISTRICT. R1 & R2 BY SR. GOVT. PLEADER SRI. P. NANDAKUMAR, R3 BY ADV. SRI.P.C.SASIDHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37298/2008-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 03/12/07 IN W.P.(C).NO.18800/07. EXT.P.2: COPY OF THE PROCEEDINGS WITH RELEVANT PAGES OF ANNEXURE. EXT.P.3: COPY OF THE ORDER NO. EE2/9082/2007/DHS DTD. 21/11/08 ISSUED BY R.2. EXT.P.4: COPY OF THE LETTER DTD. 16/01/08 SHOWING THE DETAILS OF LEAVE WITHOUT ALLOWANCE AVAILED BY THE R.3. EXT.P.5: COPY OF THE ORDER DTD. 10/03/05 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOZHIKODE REPOSTING THE R.3. AS HEAD NURSE AT GOVERNMENT MENTAL HEALTH CENTRE CALICUT. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. BEFORE THE R.2. EXT.P.6.A: COPY OF THE REPRESENTATION SUBMITTED BY THE P.2. BEFORE THE R.2. EXT.P.6.B: COPY OF THE REPRESENTATION SUBMITTED BY THE P.3. BEFORE THE R.2. EXT.P.6.C: COPY OF THE REPRESENTATION SUBMITTED BY THE P.4. BEFORE THE R.2. EXT.P.6.D: COPY OF THE REPRESENTATION SUBMITTED BY THE P.5 BEFORE THE R.2. EXT.P.7: COPY OF THE ORDER DTD. 16/03/09 ISSUED BY THE R.2. EXT.P.8: COPY OF THE REPRESENTATION DTD. 16/03/09 SUBMITTED BY THE P.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.37298 OF 2008-M -------------------------------------------------- Dated this the 20th day of May, 2010 J U D G M E N T Petitioners joined service as Staff Nurse Grd.II during 1985- 87. They were promoted as Staff Nurse Grd.I with effect from 1.11.1999 and as Head Nurse with effect from 28.5.2003. In this writ petition, what they claim is provisional promotion to the post of Nursing Superintendent Grd.II. 2. Pursuant to the interim order passed by this court, representations made by them in this behalf has been considered and Ext.P7 order has been issued. A reading of this order shows that at that point of time, there was no seniority list of Head Nurses available and therefore promotions to the post of Nursing Superintendent Grd.II were being effected on the basis of seniority list of Staff Nurses Grd.II. It is stated that up to rank No.630 in the seniority list were promoted as Nursing Superintendent Grd.II and that the petitioners do not come within rank No.630. Their rank numbers are also indicated in Ext.P7 which substantiates this contention. WPC.No. 37298/08 :2 : 3. From this it is therefore evident that in the matter of promotion to the post of Nursing Superintendent Grd.II, none of the petitioners have been overlooked. If that be so, there is no substance in the grievance raised. It is also seen from Ext.P7 that the seniority list of Head Nurses from 1.1.98 to 28.3.2007 has been published and that those aggrieved can file their objections. Therefore, if as stated the petitioners, they are aggrieved by the seniority position as reflected in the seniority list of Head Nurses, it is up to the petitioners to seek redressal of their grievance. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/