IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 31903 of 2010(K) -------------------------- PETITIONER(S): -------------- 1. GIRIJA M.V., JUNIOR PUBLIC HEALTH NURSE GRADE II, PUBLIC HEALTH CENTRE, KAYYUR, KASARAGOD DISTRICT. 2. GOURIKUTTY E.V., JUNIOR PUBLIC HEALTH NURSE GRADE II, PUBLIC HEALTH CENTRE, PADNE, KASARAGOD DISTRICT. 3. SOBHANA M., JUNIOR PUBLIC HEALTH NURSE GRADE II, PUBLIC HEALTH CENTRE, MOGRAL PUTHUR, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): -------------- 1. THE DIRECTOR OF HEALTH SERVICES (FW) THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER (HEALTH) KASARAGOD AT KANHANGAD, KANHANGAD, KASARAGOD DISTRICT - 671121. R1 & R2 BY GOVT. PLEADER SRI. A.J. JOSE AEDAIODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bka WP(C).No. 31903 of 2010(K) APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 09.05.1989. EXT.P2 COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 15.09.1989. EXT.P3 COPY OF THE APPOINTMENT ORDER IN KANNUR DISTRICT AS PER ORDER DATED 02.06.1993. EXT.P4 COPY OF THE ORDER OF THE SUPREME COURT IN WP(C) NO.493/1991. EXT.P5 COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 19.12.2996. EXT.P6 COPY OF THE ORDER DATED 11.07.2001 OF THE SUPREME COURT IN CIVIL APPEAL NO.4127/2001. EXT.P7 COPY OF THE ORDER DATED 19.11.2001. EXT.P8 COPY OF THE ORDER DATED 30.09.2005 ISSUED BY THE GOVERNMENT. EXT.P9 COPY OF THE ORDER DATED 05.08.2006 ISSUED BY THE DISTRICT MEDICAL OFFICER (HEALTH), KASARAGOD. EXT.P9(a) COPY OF THE ORDER GRANTING TIME BOUND GRADE TO THE 3RD PETITIONER EXT.P10 COPY OF THE COMMUNICATION DATED 16.12.2008 ISSUED BY THE DHS TO THE DISTRICT MEDICAL OFFICER. EXT.P11 COPY OF THE ORDER DATED 24.04.2009 ISSUED BY THE DIRECTOR ALONG WITH THE RELEVANT EXTRACT FROM THE SENIORITY LIST. EXT.P12 COPY OF THE OBJECTION TO THE EXT.P11 LIST SUBMITTED BY THE 3RD PETITIONER. EXT.P13 COPY OF THE FORWARDING LETTER OF THE MEDICAL OFFICER. EXT.P14 COPY OF THE RELEVANT EXTRACT OF FINAL SENIORITY LIST OF JPHN GRADE II. EXT.P15 COPY OF THE ORDER DATED 28.05.2011 ALONG WITH APPENDIX II ISSUED BY THE 1ST RESPONDENT GRANTING PROMOTION TO THE JUNIORS. RESPONDENT(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA C.T. RAVIKUMAR, J. ------------------------------------------ WP (C) NO. 31903 OF 2010 ------------------------------------------ Dated this the 22nd day of November, 2011 J U D G M E N T The petitioners are presently working as Junior Public Health Nurse Gr.II in the Health Services Department. This writ petition has been filed challenging Ext. P14 and seeking for issuance of writ of mandamus commanding the 1st respondent to reassign the seniority of the petitioners in Ext. P14 list reckoning their date of commencement as Jr. Public Health Nurse Grade II as 09.05.1994 and for such other consequential benefits. 2. The petitioners were appointed on temporary basis under Rule 9(a)(i) of Part II of the Kerala State and Subordinate Services Rules (for short, KS&SSR). As per WP (C) NO. 31903 OF 2010 -2- Ext. P1 to P3, certain similarly situated appointees were directed to be given regularisation in service by the Hon'ble apex Court as per Ext. P4. Seeking similar benefits, the petitioners had also approached the Hon'ble Apex Court. As per Ext.P6, the petitioners were directed to be regularized with continuity of service as has been ordered in favour of the parties before the Hon'ble Apex Court, as per Ext. P4. Pursuant to Ext.P6, Government have issued Ext.P8 dated 30.09.2005. The contention of the petitioners is that paragraph 7 in Ext.P8 order would reveal that by invoking the power under Rule 39 in Part II of the KS&SSR, their provisional services were regularized with effect from 09.05.1995, the date of Ext.P6 and since then, they are continuing in the service as regular hands. Long later, a seniority list in the cadre of Jr. Public Health Nurse Grade II was drawn by the 1st respondent. For the purpose of preparation of the said list, remarks were called from the 2nd respondent. However, ignoring the crucial fact that WP (C) NO. 31903 OF 2010 -3- their services were regularized with effect from 09.05.1995, seniority was fixed in their case with reference to the date of Ext.P8 order viz., 30.09.2005. 3. According to the petitioners, they came to know about such fixation when the respondents granted promotion to persons who commenced regular service after 09.05.1995. In fact, it is on being aggrieved by such promotions that this writ petition has been filed. 4. I have heard the learned counsel for the petitioners and also learned Government Pleader. Essentially, grievance of the petitioners is that the fact, that their services were stood regularized with effect from 09.05.1995 as per Ext. P8 order, was not taken into consideration by the 1st respondent while drawing Ext.P14 seniority list. In other words, they are aggrieved by the assignment of seniority in Ext.P14. According to the petitioners instead of WP (C) NO. 31903 OF 2010 -4- 30.09.2005, date of Ext.P8 order, 09.05.1995, should have been reckoned for the purpose of assigning their seniority. I am of the view that, in the said circumstances, it will only be appropriate for the Government to bestow serious consideration on the grievance of petitioners against Ext.P14, of course, with notice to parties who are likely to be affected in case of acceptance of the claim of the petitioners. In that view of the matter, this writ petition is disposed of giving liberty to the petitioners to move the Government through proper representations, raising their claims, contentions and grievance against Ext.P14. In case of the petitioners are desirous to do so, it shall be done within a period of two weeks from the date of receipt of copy of this judgment. In case the petitioners submit such representation within the stipulated time, the Government shall consider such representations and pass appropriate orders thereon with respect to the grievance regarding their placement in Ext.P14 seniority list, expeditiously, at WP (C) NO. 31903 OF 2010 -5- any rate within a period of two months from the date of receipt of such representations. Needless to say that before passing orders on such representations, persons likely to be affected in case of acceptance of the claims of the petitioners, shall also be put on notice. All promotions based on Ext.P14 will be subject to the orders to be passed on such representations. C.T. RAVIKUMAR, JUDGE bka/-