IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 1570 of 2009(J) ------------------------------------ PETITIONERS: --------------------- 1. S.SATHEEAMMA, AGED 53, W/O. MANMADHAN JR. PHN, PHC MUHAMMA, RESIDING NELLIKKAPPALLY HOUSE, KAVUNGAL, MANNANCHERRY P.O., 2. P.S. NIRMALAKUMARI, AGED 53, W/O. JOHN VARGHESE, JR. P.H.N PFC, MALAYALAPUZHA, NIRMALA BHAVAN, MYLAPRA TOWN , PATHANAMTHITTA. 3. ANILAKUMARI. S, AGED 48, W/O. K.G. BABURANA, JR. PHN, MCHU,PANGAPRA TVM, RESIDING AT GANGOTHRI, POWADIKONAM P.O., THIRUVANANTHAPURAM. 4. LICY GEORGE, AGED 48, W/O. SAMUEL KOSHY JR. PHN, PHC THALACHIRA, PANGAPRA, TVM, RESIDING AT KOIKKAYIL VEEDU, CHAKKUVARAKKAL P.O., VIA KUNNIKODE, KOTTARAKARA. 5. B.S. SREEKUMARI, AGED 45, W/O. VIJAYAKUMARAN, JR.PHN, PHC, MALAYALAPUZHA, RESIDING AT PARAKKAL HOUSE, THAZHAM P.O., MALAYALAPUZHA. 6. K.J. LALLY, AGED 45, W/O. PRADEEPKUMAR, JR. PHN, PHC, ARYAD, RESIDING AT KUDILIL HOUSE, NORTH ARYAD, ALAPPUZHA. 7. C.JOLLY, AGED 44, W/O. SUKESH, JR. PHC, PHC, NAVAIKULAM, RADHAMANDIRAM, PRESIDENT JUNCTION, VADASSERIKONAM P.O., THIRUVANANTHAPURAM. W.P.(C). NO.1570/2009-J: 8. SHEEJA K., AGED 45, W/O. DEVADAS, JR. PHN, PHC, CHERUNIYOOR, RESIDING AT LEKSHMY CHEMMARUTHY, VADASSERIKONAM P.O., THIRUVANANTHAPURAM DISTRICT. 9. K.LICY MOL, AGED 44, W/O. SAMKUTTY, JR. PHN, PHC, THALACHIRA KOLLAM, RESIDING AT KRIPA BHAVAN, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT. 10. VALSALAKUMARI .B, AGED 44, W/O.MOHANAN NAIR JR. PHN,PHC., CHINGOLI, RESIDING AT ARYA NIVAS, MUTHUKULAM SOUTH, KARTHIKAPPALLY, 11. LEELAMMA T. AGED 49, W/O.JOHN JACOB, JR. PHN, COMMUNITY HEALTH CENTRE, CHAVARA, RESIDING AT MANAYIL VADAKKATHIL, KOLLAKKA P.O., VADAKKUMTHALA, KOLLAM. BY ADVS. MR.R.RAJASEKHARAN PILLAI, SMT.SABINA JAYAN, MR.M.S.NISHAD. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT. OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR HEALTH SERVICES, THIRUVANANTHAPURAM. *ADDL.R3 TO R5 IMPLEADED: 3. SARASAMMA.P, JR. PHN, PHC, MANNANCHRY, ALAPPUZHA DISTRICT. 4. SOBHANKUMARI.S, JR. PHN, PHC, CHETTIKKAD, ALAPPUZHA DISTRICT. W.P.(C). NO.1570/2009-J: 5. SANTHAKUMARI AMMA, JR. PHN, PHC, VILAPPIL, THIRUVANANTHAPURAM DISTRICT. *IS IMPLEADED AS PER ORDER DTD. 27/02/09 IN I.A. NO. 2591/2009. R1 & R2 BY GOVT. PLEADER MR. ANTONY MUKKATH, ADDL.R5. BY ADVS.MR.R.T.PRADEEP, MR.V.VIJULAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, ALONG WITH W.P.(C). NO. 2246 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1570/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. FW (SPL.CELL)94660/2006 DHS DTD. 15/05/2007 ALONG WITH THE RELEVANT EXTRACT OF THE SENIORITY LIST. EXT.P.2: COPY OF THE ORDER NO. G.O.(RT).NO.2777/2008/H&FWD DTD. 14/08/2008. EXT.P.3: COPY OF THE ORDER NO. FWA5-51921/2007/DHS DTD. 26/10/2007 OF THE R.2. EXT.P.4: COPY OF THE ORDER NO. FWA5-51921/07/DHS DT. 03/03/08 2ND RESPONDENT. EXT.P.5; COPY OF THE NOTIFICATION OF THE KERALA NURSES AND MIDWIVES COUNCIL. EXT.P.6: COPY OF THE ORDER NO. MC3-37023/07/DHS DT. 16/01/2008 OF THE R.2. EXT.P.7: COPY OF THE ORDER DTD. 03/02/2009 OF THE R.2. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LETTER NO. FWA5-6397/09/DHS DTD. 03/02/2009. EXT.R5.A: COPY OF THE REPRESENTATION DTD. 07/07/2008. EXT.R5.B: COPY OF THE RECOMMENDATION DTD. 10/07/2007 BY MEDICAL OFFICER-IN- CHARGE. EXT.R5.C: COPY OF THE ORDER DTD. 14/10/2008. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)Nos.1570 & 2246 of 2009 -------------------------------------- Dated 12th June, 2009 JUDGMENT Heard Sri.R.Rajasekharan Pillai, the learned counsel appearing for the petitioners, Sri.Antony Mukkath, the learned Government Pleader appearing for the official respondents and Sri.R.T.Pradeep, the learned counsel appearing for the party respondents. 2. The petitioners are Junior Public Health Nurses Grade II. Their grievance is that though they have undergone the Female Health Supervisory Training, they have not so far been promoted. It appears that the only objection for promoting the petitioners was that three of their seniors are yet to complete training and till they complete training the petitioners cannot be promoted. In paragraph 4 of the counter affidavit filed on behalf of the second respondent in W.P.(C) No.2246 of 2009 it is stated that three of the petitioners' seniors are undergoing training and that the training will be over by April, 2009. It is also stated that after the seniors of the petitioners complete their training, the petitioners can be promoted. 3. In the light of the fact that the admitted seniors of the petitioners have by now completed their training, the petitioners WP(C).Nos.1570 & 2246/2009 2 should be promoted along with their seniors. I accordingly dispose of this writ petition with a direction to the Director of Health Services to issue orders promoting the petitioners and the party respondents in these writ petitions and also others who are eligible, based on their rank and seniority, to the post of Lady Health Inspector. Orders in that regard shall be passed within one month from today. Needless to say while promoting the petitioners and the party respondents, their admitted seniors who have completed Female Health Supervisory Training shall also be promoted. P.N.RAVINDRAN Judge TKS