IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 21231 of 2009(Y) -------------------------------------- PETITIONER(S): ----------------------- GEETHA.T, W/O.BHAVANA DAS, JUNIOR PUBLIC HEALTH NURSE GRADE-II, P.H.CENTRE,SAKTHIKULANGARA, KOLLAM, RESIDING AT MANALIL VEEDU, DALAVAPURAM, NEENDAKARA.P.O,KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES,KERALA STATE,THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, COLLECTORATE,KOLLAM. * ADDL. R4 TO R7 IMPLEADED ADDL. R4: A. SUMHIYATH, W/O.I.C. ANWARDEEN, JPHN GR.I, COMMUNITY HEALTH CENTRE, CHAVARA, KOLLAM DISTRICT. ADDL. R5: S. LILLY, W/O.ARAVINDAKSHAN, JPHN GR.I, COMMUNITY HEALTH CENTRE, CHAVARA, KOLLAM. ADDL. R6: R. ASHALATHA, W/O.SREEVALSAN, JPHN GR.I, PRIMARY HEALTH CENTRE, MANRO ISLAND, KOLLAM. ADDL. R7: R. LATHIKA MONY, W/O.SHAJILAL, JPHN GR.I, PRIMARY HEALTH CENTRE, NEDUVATHOOR, KOLLAM. * IMPLEADED AS PER ORDER DATED 22/09/2009 IN I.A.11392/2009 IN WPC. R1 TO R3 BY SR.GOVERNMENT PLEADER MR.P. NANDAKUMAR. ADDL.R4 TO R7 BY ADV. MR.M.V.THAMBAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21231/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.A2/17241(2)/89 DATED 12/12/1989 ISSUED BY THE DISTRICT MEDICAL OFFICER OF HEALTH SERVICES, KASARGODE. EXT.P2: COPY OF THE ORDER NO.A4-13045/90/DMOH DATED 16/03/1993 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE JUDGMENT IN C.A.NO.1904/2000 IN WP(C) NO. 326/1999 DATED 22/04/2003 OF HONOURABLE SUPREME COURT OF INDIA FILED BY THE PETITIONER. EXT.P4: COPY OF THE ORDER G.O.(RT)NO.1456/04/H&FWD DATED 27/05/2004 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE ORDER NO.FW A4-38650/2003/DHS DATED 30/06/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE ORDER NO.K.DIS.A4-7166/05/DMOHK DATED 04/11/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE ORDER NO.ES3-93377/05/DHS DATED 31/03/2006 AND THE RELEVANT PAGES OF THE LIST INCORPORATING THE PETITIONER'S NAME ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE ORDER NO.FW (SPL. CELL)94660/2006/DHS DATED 15/05/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE APPEAL FILED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P10: COPY OF THE ORDER NO.FW (SPL. CELL)94660/06/DHS DATED 19/05/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF THE ORDER NO.A4-16641/06/DMOH KOLLAM DATED 18/06/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P12: COPY OF THE ORDER NO.A4-16641/2006/DMOH KOLLAM DATED 06/05/2008 AND SENIORITY LIST ISSUED BY THE 3RD RESPONDENT. EXT.P13: COPY OF THE NO.K.DIS.(A4)/16641/2006 DATED 15/06/2009 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.21231 OF 2009 (Y) -------------------------------------------------- Dated this the 16th day of December, 2009 J U D G M E N T In this writ petition, challenge is against Exts.P8 and P13. The grievance of the petitioner is that the seniority assigned to her by Exts.P11 and P12 have been taken away by Ext.P13 proceedings of the 3rd respondent. According to the petitioner, she is entitled to the seniority as assigned in Exts.P11 and P12, based on Ext.P3 order of the Apex Court, Ext.P4 Government Order, Ext.P5 order of the 3rd respondent and Ext.P6 order declaring her promotion with effect from 1.1.1992. 2. However, the Government Pleader resists the contention mainly referring to Exts.P3 to P5 and submits that the seniority as reassigned in Ext.P13 is consistent with those orders. He also contends that the parties affected by any order in this proceedings are not parties to this writ petition. It is also pointed out that the petitioner has an alternate remedy of appeal under Rule 27-B of Part-II KS & SSR. WPC.No. 21231/09 :2 : 3. In my view, the petitioner should pursue her remedies under Rule 27-B, which provides that any affected party can move the appellate authority within the time prescribed therein. Strictly speaking the period is to be counted from the date of Ext.P13 and the time has expired now. However, since the petitioner was prosecuting his case before this court and this court is relegating the petitioner to pursue his remedy under Rule 27-B, it is directed that if the petitioner moves the first respondent under Rule 27-B within 4 weeks from today, such authority shall entertain the appeal so preferred and pass final orders in the matter with notice to the affected parties. 4. It is also clarified that it will be open to the petitioner to move the appellate authority for appropriate interim orders, if he deems necessary. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 21231/09 :3 :