IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 28179 of 2008(D) --------------------------------------- PETITIONERS: --------------------- 1. SREEKUMARI AMMA, AGED 52, W/O.SASIDHARAN NAIR.B, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. 2. GEETHA DEVI.K, AGED 46,W/O.SHIBU, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 3. S.LATHIKA KUMARI, AGED 47, W/O.VISWARAJAN, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 4. LALITHAMBAL.C,AGED 52,W/O.THYAGARAJAN.N, HEAD NURSE, S.A.T.HOSPITAL, TRIVANDRUM. 5. MANOHARAN NAIR, AGED 51, S/O.KUNJAN PILLAI, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 6. SUSHAMA.P, AGED 52, O.S.BABU, HEAD NURSE S.A.T.HOSPITAL, TRIVANDRUM. 7. AMBIKA DEVI.P, AGED 51,W/O.A.RAJA, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 8. ELIAMMA.C.K, AGED 53,W/O.THOMAS K.MATHEW HEAD NURSE, S.A.T.HOSPITAL, TRIVANDRUM. 9. N.SARASWATHY, AGED 51, W/O.DENSIL, HEAD NURSE, GOVT.MENTAL HEALTH CENTRE, TRICHUR. 10. K.J.MARY, AGED 50, W/O.RAPHEL, HEAD NURSE, GOVERNMENT HOSPITAL, KATTOOR, TRICHUR. 11. P.V.ROSILY, AGED 52, W/O.P.A.JUSTINE, HEAD NURSE, TALUK HEAD QUARTERS HOSPITAL, IRINJALAKUDA. W.P.(C). NO.28179/2008-D: 12. MONIKUTTY.P.SCARIA, AGED 51, W/O.ANTONY JOSEPH, HEAD NURSE, COMMUNITY HEALTH CENTRE, CHERUPU, TRICHUR DISTRICT. 13. P.P.MARY, AGED 52, W/O.K.J.THOMAS, HEAD NURSE, NEW MEDICAL COLLEGE HOSPITAL, MULANKUNNATHUKAVU, TRICHUR. 14. C.M.VERONICA, AGED 49, W/O.P.O.PAUL, HEAD NURSE, NEW MEDICAL COLLEGE HOSPITAL,TRICHUR. 15. ALPHONSA PAUL, AGED 53, W/O.T.A.RAPHEL, HEAD NURSE, NEW MEDICAL COLLEGE HOSPITAL, MULANKUNNATHUKAVU, TRICHUR. 16. T.M.PHILOMINA, AGED 46,W/O.VARGHESE, HEAD NURSE, DISTRICT HOSPITAL, TRICHUR. 17. C.V.SULOCHANA, AGED 51,W/O.RAJAN.A.K, HEAD NURSE, DISTRICT HOSPITAL, TRICHUR. 18. O.N.VALSALA, AGED 52, W/O.RAVI, HEAD NURSE, DISTRICT HOSPITAL, TRICHUR. 19. SULABHABI.P.M, AGED 48, W/O.MOHAMMED BASHEER, HEAD NURSE,NEW MEDICAL COLLEGE, HOSPITAL, MULANKUNNATHUKAVU, TRICHUR. BY ADVS. MR.M.C.CHERIAN, MR.M.A.THOMAS KUTTY, SMT.SARAMMA CHERIAN, SMT.ASHA CHERIAN, MR.P.M.SANEER. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 3. SRI.P.K.THAMPI, (KRISHNAN THAMPI.P.), HEAD NURSE, MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM. 4. SMT.LILLYKUTTY JOSEPH, HEAD NURSE, DISTRICT HEAD QUARTERS HOSPITAL, KANNUR. W.P.(C). NO.28179/2008-D: 5. SMT.N.GEETHA, HEAD NURSE, DISTRICT HEAD QUARTERS HOSPITAL, KANNUR. R1 & R2 BY GOVT. PLEADER SMT. SUDHA DEVI, R3 BY ADV. MR. M.V.BOSE, R4 & R5 BY ADV. MR.P.M.PAREETH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28179/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 23/03/1998 IN O.P. NO. 4835/1990. EXT.P.2: COPY OF THE JUDGMENT DTD. 22/09/2000 IN W.A. NO. 1667/1998. EXT.P.3: COPY OF THE ORDER DTD. 08/03/2002 IN R.P. NO. 172/2002 IN W.A. NO. 1667/1998. EXT.P.4: COPY OF THE ORDER DTD. 08/12/1988 OF GOVERNMENT OF KERALA ALONG WITH RELEVANT PORTION OF LIST. EXT.P.5: COPY OF THE ORDER/PROCEEDINGS DTD 27/10/2001 OF DIRECTOR OF HEALTH SERVICES. EXT.P.6: COPY OF THE ORDER/PROCEEDINGS DTD. 24/12/2002 OF DIRECTOR OF HEALTH SERVICES, ALONG WITH RELEVANT PORTION OF THE SENIORITY LIST. EXT.P.7: COPY OF THE ORDER DTD. 29/04/2008 OF DIRECTOR OF HEALTH SERVICES. EXT.P.8: COPY OF THE W.P.(C).NO.18800/2007 WITHOUT AFFIDAVIT AND EXHIBITS. EXT.P.9: COPY OF THE JUDGMENT DTD. 03/12/2007 IN W.P.(C).NO.18800/2007. EXT.P.10: COPY OF THE COMMON ORDER DTD. 29/01/2002 IN O.P. NO. 513/2002, O.P. NO. 1873/2002 ETC. EXT.P.11: COPY OF THE ORDER DTD. 19/02/2008 IN I.A. NO. 2301/2008 IN O.P. NO. 1873/2002. EXT.P.12: COPY OF THE ORDER DTD. 08/08/2008 IN I.A. NO. 2301/2008 IN O.P. NO. 1873/2002. EXT.P.13: COPY OF THE RELEVANT PORTION OF INDIAN EXPRESS DAILY DTD. 07/08/2008. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE G.O.NO.275/76. EXT.R4.A: COPY OF THE ORDER NO. EE5-(SPECIAL CELL)-78047/08/DHS DTD. 04/10/08. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI ---------------------------------------- W.P.(C)No.28179 of 2008 ----------------------------------------- Dated this the 7th day of April, 2009. JUDGMENT The petitioners, who are working as Head Nurses, are aggrieved by what they call as “the delay in promotions to the post of Nursing Superintendent Grade II” and what they allege as the “out of turn promotions given to their juniors”. 2. It is not necessary to undertake a detailed appraisal of the facts, in the light of the counter affidavit filed by the 1st respondent and the stand takent herein as reflected in paragraphs 5, 6 and 7, which read as follows: “At present promotions from Ext.P6 as Nursing Superintendent is done provisionally. This is because of the Non-availability of Seniority list of Head Nurses. Till the finalization of the seniority list of Head Nurse Promotions will be made from Ext.P6 strictly on seniority. Further the prayer of the petitioners to issue necessary directions to this respondent to finalise list only after publication and calling for objection are unnecessary. It may be seen at present the seniority list of Staff Nurse Grade I was finalized after observing stipulated guidelines. The list of W.P.(C)No.28179 of 2008 :: 2 :: Staff Nurse Grade I was finalized only after examining the objections. As per Order No.ES3-59608/07/DHS dated 24.01.2009 preliminary seniority list of Head Nurses have been published. Two weeks time was also allowed to submit objections if any. The list will be finalised only verifying the complaints of the incumbents.” 3. It is admitted that, at present, promotions of Nursing Superintendents are done on a provisional basis because of the non-availability of a final seniority list of Head Nurses. I record the submission that, till the final seniority list is published, promotions will be made only on the basis of Ext.P6. But, it is necessary that a final seniority list of Head Nurses is prepared and published without undue delay. 4. I heard Smt.Asha Cherian, learned counsel for the petitioners, Sri.M.V.Bose, learned counsel for the contesting respondents, Sri.Pareeth for additional respondent and Smt.Sudha Devi, learned Government Pleader. W.P.(C)No.28179 of 2008 :: 3 :: 5. Since there is no dispute that a final seniority list of Head Nurses will have to be published without undue delay, there will be a direction to the 1st respondent to see that a final seniority list of Head Nurses is drawn up, at the earliest, if not already done, within three months from the date of receipt of a copy of this judgment. In the meanwhile, promotions to the post of Nursing Superintendent may go on, as indicated in paragraph 5 of the counter affidavit. If, on finalization of the seniority list, a review of promotions already effected is necessary, that shall also be done, in accordance with law. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/- //true copy//