IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36727 of 2008(V) ---------------------------------------- PETITIONER(S): ------------------------- 1. JANAKY.P, HEAD NURSE, DISTRICT HOSPITAL KANHANGAD, KASARAGOD DISTRICT. 2. ALEY.K.A, HEAD NURSE, DISTRICT HOSPITAL KANHANGAD, KASARAGOD DISTRICT. 3. ROSAMMA.V.U, HEAD NURSE, DISTRICT HOSPITAL, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.P.M.PAREETH SMT.M.K.MEHRUNISHA BASIMA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPLE 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. BY GOVERNMENT PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ===================== W.P(C).No.36727 of 2008 ===================== Dated this the 12th day of December, 2008. JUDGMENT Heard Sri.M.Pareeth, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioners are presently working as Head Nurses in Kasaragod district. Their grievance is that their juniors have been promoted to the category of Nursing Superintendent Grade II under Rule 31(a)(i) of Part II of the Kerala State and Subordinate Services Rules, hereinafter referred to as the “KS & SSR' for short, by Ext.P3 order dated 21.11.2008 issued by the Director of Health Services. They submit that several of the persons promoted to the category of Nursing Superintendent Grade II as per Ext.P3 order dated 21.11.2008 are their juniors in service and that for no reason at all, they have been denied such promotion. In this Writ Petition, they inter alia seek a writ in the nature of mandamus commanding the respondents to promote them provisionally to the post of Nursing Superintendent Grade II from the date of Ext.P3. WP(C) 36727/08 -: 2 :- 3. The question whether having regard to their seniority in the category of Head Nurse, the petitioners are also eligible to be temporarily promoted under Rule 31(a)(i) of Part II of the KS & SSR is primarily a matter for the Director of Health Services to decide. The petitioners have before moving that authority filed this Writ Petition seeking the said reliefs. In my opinion, as the petitioners' entitlement would depend on their seniority in the category of Head Nurses they should have moved the Director of Health Services. Such being the situation, I dispose of the Writ Petition with the following directions: (i) The petitioners shall within two weeks from today file an appropriate representation before the Director of Health Services seeking promotion/temporary promotion to the category of Nursing Superintendent Grade II. (ii) The Director of Health Services shall within one month thereafter consider whether persons who are junior to the petitioners in service have been temporarily promoted to the category of Nursing Superintendent Grade II and if it is found that Head Nurses who are junior to the petitioners have been promoted, issue orders temporarily promoting the petitioners also under Rule 31(a)(i) of Part II of KS & SSR. If pursuant to the directions issued by this Court in Ext.P1 judgment, the final seniority list of Head Nursess Grade I has been published, promotions already made as per Ext.P3 shall be reviewed and promotions either on regular basis or on a temporary basis shall be made based on WP(C) 36727/08 -: 3 :- the rank and seniority of Head Nurses in the said final seniority list. (iii) While considering the claim of the petitioners, the claims of their eligible seniors shall also be considered for temporary/regular promotion. P.N.Ravindran, Judge. ess 12/12