IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 31154 of 2004(H) -------------------------- PETITIONER(S): --------------- 1. M.AMMINI,HEAD NURSE (RETIRED), VADAKKEMACHERIYIL HOUSE, P.O.MANJUMMEL, PIN-- 683 501. 2. M.D.PHILOMINA, HEAD NURSE (RETIRED), KORAMANGALATH HOUSE, CHERIYAKADAVANTHRA, COCHIN - 682 020. 3. P.M.MAGTHALEETHA, HEAD NURSE (RETIRED), MALOTH HOUSE, PERUMANOOR, THEVARA, COCHIN. 4. C.M.ANNAMMA, HEAD NURSE (RETIRED), MANGALATH HOUSE, SOUTH JANATHA ROAD, PALARIVATTOM. COCHIN-25. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. STATE OF KERAL, REP. BY THE SECRETARY TO GOVERNMENT, H & F.W. DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A & E), (AUDIT), THIRUVANAHAPURAM. 3. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. 5. SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM. GOVERNMENT PLEADER SRI. P. NADNAKUMAR FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON 23/12/2009 DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of G.O(MS) No.126/96/H & PWD dated 11.5.1998. Ext.P2. True copy of G.O.9P) NO.2670/98/FIN dated 2.11.1998\ Ext.P3. True copy of the representation before the 5th respondent from the Ist petitioner dated 14.9.200. Ext.P4. True copy of the judgment in O.P.No.27897/00 dated 3.10.2000. Ext.P5. True copy of the Government letter dated 16.6.1999 to the 3rd respondent. // true copy// P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31154 OF 2004 (H) -------------------------------------------------- Dated this the 23rd day of December, 2009 J U D G M E N T Claim of the petitioners is for grant of IIIrd time bound higher grade in the cadre of Nursing Superintendent Gr.I. 2. Petitioners' entered service as Auxillary Nurse/Midwife in 1965.Subsequently, by category change, they were appointed as Staff Nurse with effect from March, 1974. They continued in that category and were granted first, second and third time bound higher grade in the cadre of Staff Nurse Gr.I, Head Nurse and Nursing Superintendent Gr.II. This was reckoning their eligibility from March, 1975. 3. By virtue of the provision contained in the Government Order dated 28th April, 1993 they are eligible for counting their entire service for reckoning their eligibility and if that be so, they would have become eligible for 3rd time bound higher grade in 1990. Since the bifurcation in the service leading to the creation of the post of Staff Nurse Grd.II onwards, was with effect from 11.5.1998 they are entitled to have their grade fixed in the pre- existing grades. This means that in 1990 when the petitioners WPC.No. 31154/04 :2 : became eligible, they ought to have been granted IIIrd time bound higher grade in the grade of Nursing Superintendent Grd.I. Therefore, fixation given to the petitioner is erroneous and therefore the 3rd time bound higher grade is liable to be refixed in the cadre of Nursing Superintendent Grd.I with effect from 1990. This the respondent shall do and consequential benefits shall be released to the petitioner, within 2 moths from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/