IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 19377 of 2011(V) -------------------------- PETITIONERS: --------------- 1. V.K.GOPALAKRISHNAN, NURSING SUPERINTENDENT GRADE-I, MENTAL HEALTH CENTRE, THRISSUR-4. 2. S.P.MOOSA, NURSING SUPERINTENDENT GRADE-I, DISTRICT HOSPITAL, TIRUR, MALAPPURAM DISTRICT. 3. SMT. PAUL VINCENT MARIADAS, NURSING SUPERINTENDENT GRADE I, DISTRICT HOSPITAL, PALAKKAD. BY ADV. SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN SRI.B.V.BALAKRISHNAN SRI.PLEASANT.T.SAMUEL RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF HEALTH SERVICES, KERALA, THIRUVANANTHAPURAM-695 037. BY G.P. SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19377 of 2011(V) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE EXTRACT COPY OF ORDER NO.EE2-90821/2008/DHS DTD. 23.4.08 ISSUED BY R2. EXT.P2: PHOTOCOPY OF ORDER NO.G.O.(Rt)NO.560/2009/H&FWD DTD. 02.03.09 ISSUED BY R1. EXT.P3: TRUE PHOTO COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE R2 ON 6.6.2011. EXT.P4: TRUE COPY OF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE R1 ON 30.6.2011. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // TKS P.A. TO JUDGE C.T. RAVIKUMAR, J. - -- - - -- - - - - - - -- - - - - - - - - - - - - - - - W.P.(C). No.19377 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011 J U D G M E N T The petitioners are Nursing Superintendents Grade-I under the Health and Family Welfare Department. The contention of the petitioners is that they are sufficiently senior in the said cadre and therefore, they are entitled to get promotion to the post of Nusing Officer. The further contention of the petitioners is that vacancies are available in the post of Nursing Officer. It is alleging that without any valid reason, the respondents are not considering their claim for promotion that this Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to grant promotion to the petitioners to the post of Nursing Officer. 2. A statement has been filed in this Writ Petition on behalf of the second respondent. In paragraph 1 of the said statement, it is stated that seven vacancies are available in the category of Nursing Officers. It is further stated thereunder that to effect provisional promotion against the said post, sanction has been sought from the Government and till date, no sanction W.P.(C).No.19377 of 2011 2 is granted by the Government. It is also stated in the said statement that appropriate steps would be taken in the matter of promotion to the post of Nursing Officer as and when sanction is obtained from the Government. The said statement is recorded. In case the proposal from the second respondent in the matter of promotion to the posts mentioned in paragraph 1 of the statement is pending before the first respondent, the first respondent shall take a decision thereon expeditiously. Subject to the orders on the proposal made by the Government, the second respondent shall take appropriate action in the matter of effecting promotion to the categories mentioned in paragraph 1 of the statement. The Writ Petition is disposed of, accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) spc