IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WA.No. 1590 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.14316/2008 Dated 05/06/2009 .................... APPELLANT/PETITIONER: ------------------------- A.A.OMANA, MEDICAL RECORDS LIBRARIAN GRADE-1, W/O.KUTTAN, KUNDUR HOUSE, URAGAM P.O., THRISSUR-680 562. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENTS/RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM. 3. SMT.RAMANI BAI, MEDICAL RECORD LIBRARIAN GRADE-1, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. SMT.P.J.HELEN REENA, MEDICAL RECORD LIBRARIAN GRADE-1, MEDICAL COLLEGE, KOTTAYAM. 5. SMT.K.C.INIDRA DEVI, MEDICAL RECORD LIBRARIAN GRADE-1, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 6. D.AJAY LAL, MEDICAL RECORD LIBRARIAN GRADE-1, MEDICAL COLLEGE, THIRUVANANTHAPURAM. SR.GOVT.PLEADER, SRI.BENNY GERVASIS FOR R1& R2 SRI.B.REGHUNATHAN FOR R3 & R4 SRI.T.R.RAVI FOR R& R6. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/09/2009, ALONG WITH WA NO. 1850 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. -------------------------------------------- W.A.Nos. 1590 & 1850 OF 2009 --------------------------------------------- Dated this the 8th day of September, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. W.A.No.1590/2009: The appellant was the writ petitioner. She filed the Writ Petition challenging Ext.P6 seniority list of Medical Records Librarian Grade-II in the department of Medical Education. She is rank No.10 in Ext.P6. She was promoted to that cadre on 6.3.1997 and was assigned seniority with effect from 7.10.1995. According to her, she should have been assigned seniority in that cadre with effect from 24.10.1991, the date on which her colleagues were assigned seniority pursuant to Ext.P2 judgment. This Court in Ext.P2 judgment dealt with the promotion to the post of Medical Records Librarian Grade-II. One year's training in Medical Records Library was one of the qualifications prescribed for promotion to that post. Local Controlling Officers allowed some of the juniors to undergo the said training and thereafter, when the case of promotion was taken up, such juniors were preferred for appointment to the W.A. Nos.1590 & 1850/2009 2 said post. The same was challenged by the affected seniors, who did not get a chance to undergo the training, and the said Writ Petition was allowed by this Court by Ext.P2 judgment. This Court said, promotion should be ordered according to seniority. In purported implementation of Ext.P2, Ext.P3 seniority list was published. In that list, persons similarly placed like the appellant were given seniority with effect from the date, their juniors were promoted in 1991. The petitioner claimed the same relief and it was granted as per Ext.P5 also. Later, the competent authority published Ext.P6 seniority list. But, the date assigned to her in Ext.P5 was modified and as mentioned earlier she was given notional promotion only with effect from 7.10.1995. The petitioner represented by filing Exts.P7 and P10 and thereafter, the present Writ Petition was filed seeking to restore her seniority granted as per Ext.P5. 2. The official respondents as well as the contesting respondents resisted the Writ Petition by filing separate counter affidavits. According to the contesting respondents, there were no vacancies available for accommodating all the seniors in 1991. By Ext.P2, this Court only said promotions to the cadre of W.A. Nos.1590 & 1850/2009 3 Medical Records Librarian Grade-II should be strictly in accordance with seniority and seniors cannot be overlooked for the reason that they were not posted for training in the Medical Records Library by their Controlling Officers. The learned Single Judge accepted the contentions as the correct interpretation of Ext.P2 judgment and declined reliefs. Hence, this appeal. 3. We heard the learned counsel for the appellant and also the learned Government Pleader for respondents 1 to 3. We also heard the learned counsel, who appeared for the party respondents. In Ext.P2, this Court only meant that the seniors, who could not get a chance to undergo training in the Library, should not be superseded by their juniors, who got such a chance by a windfall. That means, promotions should be ordered strictly in accordance with seniority with reference to the vacancies available. Therefore, the seniority list Ext.P6 published by the competent authority does not suffer from any infirmity. So, the challenge against Ext.P6 was rightly repelled by the learned Single Judge. We are told that the next promotion post is Medical Records Librarian Grade-I and promotions to that post is ordered W.A. Nos.1590 & 1850/2009 4 strictly in accordance with seniority, after weeding out the unfit among the incumbents. The petitioner and contesting respondents are mainly concerned, now, with the promotion to the post of Medical Records Superintendent, which is the promotion post of Medical Records Librarian Grade-I. Whether in that case, the appellant and similarly placed persons were wrongly superseded is a matter, which the learned Single Judge has directed the Government to consider. Therefore, in that regard also, we find no grievance, which could be successfully canvassed before us against the judgment under appeal. In the result, the Writ Appeal fails and it is dismissed. W.A.No.1850/2009: The case of the appellant herein is identical to the case of the appellant in W.A.No.1590/2009. Therefore, we find no reason to entertain this Writ Appeal also. Accordingly, the Writ Appeal is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (P.BHAVADASAN, JUDGE) ps