IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 17293 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. T.N.CHANDRIKA, AGED 47 YEARS, W/O.K.R.VIJAYAN, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. RESIDING AT KARUKAYILTHAZHATHE HOUSE, AVINASSERY P.O., OLLUR, TRICHUR. 2. E.F.WINCY, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 3. K.M.VALSA, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 4. K.D.MARY, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 5. MARY P.L., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 6. A.K.REMA, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 7. M.K.PREMA, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 8. M.M.PHILOMINA, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 9. LISSY V.L., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 10. MERCY K.A., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 11. KOCHU MARY, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 12. K.C.PHILOMINA, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. WP(C).No. 17293 of 2010 -2- 13. ELSY GEORGE, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 14. M.K.HYMAVATHY, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 15. BABY P.A., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 16. MARY JOSEPH M. STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 17. T.K.GRACY, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 18. USHA JACOB, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. 19. THRESSIAMMA PAULSON, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, M.G.KAVU, TRICHUR. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).17293/2010 -------------------- Dated this the 10th day of June, 2010 JUDGMENT Petitioners are Staff Nurses working in various Medical College Hospitals aspiring to be promoted to the post of Head Nurses. According to the petitioners, seniority list of Staff Nurses have not been finalized and in the meanwhile, Head Nurses are being transferred from the Directorate of Health Services and that as a result of the above, there is considerable reduction in the promotional avenue and it is in these circumstance, the writ petition is filed praying for expeditious finalization of the seniority list of the Staff Nurses in the Directorate of Medical Education and to further direct the respondents to promote the petitioners to the post of Head Nurses on the basis of the seniority so finalized. 2. The transfer of Head Nurses from the Directorate of Health Services to the Directorate of Medical Education is effected consequent upon the policy decision of the Government to abolish the dual control system in the Medical Sector. W.P.(C).17293/10 2 3. As rightly pointed out by the learned Government Pleader the question of finalization of the seniority list of the Staff Nurses and Head Nurses of the DME is possible only after the process of abolition of dual control system is completed. That stage is yet to reach. On the question of deployment also, in my view, petitioners cannot take exception as it is the part of the policy decision and the abolition of dual control system, which is not under challenge in this writ petition. I see no merit in the writ petition. It is accordingly dismissed. ANTONY DOMINIC, Judge mrcs