IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 22695 of 2011(J) ------------------------------------- PETITIONER(S): ------------------------ 1. SUJATHA.K.K, AUXILLARY NURSE AND MIDWIFE ESI DISPENSARY KAKKANAD, ERNAKULAM DISTRICT. 2. LALITHA.M.A, AUXILLARY NURSE AND MIDWIFE ESI DISPENSARY KARIMUGHAL, ERNAKULAM DISTRICT. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE BY ADVS. SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): ------------------------------ 1. THE REGIONAL DEPUTY DIRECTOR, CENTRAL ZONE,INSURANCE MEDICAL SERVICES, ERNAKULAM- 682 030. 2. THE DIRECTOR OF INSURANCE MEDICAL SERVICES, THYCAUD, THIRUVANANTHAPURAM- 695 014. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001. BY GOVT. PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22695/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GO(RT) 2006/2003/LBR DTD. 19.7.2003 ISSUED BY THE GOVERNMENT. P2:- COPY OF THE ORDER NO.E1-6066/03/RDD DTD. 22.9.2003 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE PROCEEDINGS GIVING GENERAL INSTRUCTIONS ISSUED BY THE GOVERNMENT. P4:- COPY OF THE JUDGMENT DTD. 29.6.2005 IN WP(C) NO.14340/2004 OF THIS HONOURABLE COURT. P5:- COPY OF THE ORDER NO.B2-22643/2002/DIMS DTD. 2.5.2011 ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE ORDER NO.E1-464/2011/RDD DTD. 12.7.2011 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE ORDER NO.E1-464/11/RDD/IMS/CZ/EKM DTD 8.8.2011 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.22695 of 2011 ---------------------------------------- Dated 20th August, 2011 JUDGMENT The petitioners are working as Auxillary Nurses and Midwives under the Insurance Medical Service Department. This writ petition has been filed challenging Exts.P6 and P7 orders by which the petitioners are posted on special duty to ESI Hospital, Ernakulam. As per Ext.P6, the first petitioner was posted on special duty for three days in a week until further orders. As per Ext.P7, the second petitioner was posted on special duty on Wednesday and Friday until further orders. It is evident that such special duty posting has been ordered as per Exts.P6 and P7 on vaccination days. 2. The petitioners assail Exts.P6 and P7 relying on Ext.P4 judgment of this Court in W.P.(C)No.14340 of 2004. The contention is that this Court on evaluation of the qualifications and training undergone by the ANMs found that they are best suited to the dispensaries and not to the hospitals. It is the contention that as per Ext.P4 this Court held that the Government orders virtually direct the Department to give posting to the ANMs to the dispensaries and Staff Nurses to the hospitals and further that those orders were directed to be implemented. In the circumstances, the petitioners contend that WP(C).No.22695/2011 2 postings of the petitioners as per Exts.P6 and P7 are unsustainable as it is against Ext.P4 judgment. True that, as per Ext.P4, this Court directed the respondents to enforce Ext.P3 order viz., order dated 19.7.2003 of the Director of Insurance Medical Service. But, it was not without any reservation that such a direction was issued. It is therefore, apposite to refer to the operative portion of Ext.P4 judgment and the same reads thus:- “In such circumstances the said writ petitions are disposed of directing the respondents to enforce Ext.P3 order unless there are compelling reasons in public interest to act to the contrary.” Evidently, those writ petitions were disposed of directing the respondents to enforce Ext.P3 order unless there are compelling reasons in public interest to act to the contrary. Thus, it is obvious that even while directing the respondents to enforce Ext.P3 this Court held that in case of compelling reasons in public interest they can act to the contrary. Exts.P6 and P7 would reveal that the Superintendent of ESI Hospital, Ernakulam had requested for special duty posting of ANMs to the said hospital as it is a busy station. Assigning special duty on vaccination taking into account the pressure of work in ESI Hospital, Ernakulam can only be to safeguard the interest of the public. There is no reason to hold that it is not an action in public interest. I am of the WP(C).No.22695/2011 3 view that they do not run counter to the directions in Ext.P4 judgment and, therefore, they call for no interference. The petitioners contend that staff nurses are in excess in the Departmental Hospitals and, therefore, they could be re-deployed to Hospitals like ESI Hospitals. Normally, distribution of manpower according to the need and requirement should be left to the authorities. Therefore, the question whether staff nurses could be re- deployed is a matter to be looked into by the competent authorities. The contention of the petitioners is that in case such trained staff nurses could be re-deployed there would not be any necessity to assign special duty posting to ANMs like the petitioners. I am of the view that it is a matter to be looked into by the competent authorities, of course, taking into consideration of the directions in Ext.P4. Therefore, the petitioners will be at liberty to take up the matter before the appropriate authorities. With the said observation, this writ petition is disposed of. Sd/- C.T.RAVIKUMAR Judge TKS