IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DAY OF DECEMBER 2011/22ND AGRAHAYANA 1933 WPC.No. 33295 of 2011 (J) ===================== PETITIONER: =========== P.P.PUSHPA , JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KADAVOOR, (VIA)., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADVS.SRI.V.A.MUHAMMED, SRI.M.SAJJAD. RESPONDENTS: ============== 1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM- 695 035. 3 THE DISTRICT MEDICAL OFFICER (HEALTH) ERNAKULAM DISTRICT 682 011. R1 TO R3 BY GOVERNMENT PLEADER SRI. SHAIJ RAJ .T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.33295/2011-J: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER NO. FWA4/78844/2011/DHS OF THE R.2. ALONG WITH THE LIST DTD. 12/10/2011. EXT.P.2: COPY OF THE REPRESENTATION FILED BEFORE THE R.2. DTD. 30/10/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 33295 OF 2011 ----------------------------------------------------------- Dated this the 13th December, 2011. JUDGMENT The petitioner is working as Junior Public Health Nurse. She was initially appointed as a Junior Public Health Nurse Gr.II on the advice of the Kerala Public Service Commission (PSC for short) dated 3-2-1993 to the Kozhikode district. Later, she got appointment to Thrissur district and she joined Thrissur district on 16-6-1995. While so she was transferred to Ernakulam on 29-5-2002. She joined duty in the new district on 16-6-2002. 2. While reckoning the seniority list of Junior Public Health Nurses the petitioner was assigned seniority on the basis of her date of joining the new district. The petitioner claimed that she was entitled to get her seniority reckoned from the date of advice of the PSC to Thrissur district. Since she was eligible for promotion even before the date of her inter district transfer, she claims that her seniority is to be reckoned with effect from the date of her advice for appointment to Thrissur. According to the petitioner, as per Ext.P1 a person who is junior to the petitioner has been granted retrospective promotion from the date on which she was advised for WPC 33295/2011 2 appointment by the PSC. The petitioner has therefore submitted Ext.P2 to the second respondent setting out her contentions in detail and claiming that she is entitled to be promoted above her juniors. The petitioner complains that no orders have been passed thereon till date. She therefore seeks the issue of appropriate directions for the consideration of Ext.P2. 3. I have heard the learned Govt. Pleader also. 4. Since Ext.P2 is pending consideration of the second respondent, it is only appropriate that the same is directed to be disposed of expeditiously. 5. This writ petition is accordingly disposed of directing the second respondent to consider the grievances of the petitioner set out in her representation evidenced herein by Ext.P2, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after issuing notice to and hearing the petitioner. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 33295/2011 3