IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 35352 of 2010(T) --------------------------------------- PETITIONER(S): ----------------------- 1. RESMI.K., KANNUCHIRAYIL HOUSE, THURAVOOR.P.O., CHERTHALA, ALAPPUZHA-688 532. 2. JAYASREE.K., KUTHUKALLINGAL HOUSE, PULIMUNDA, POOKKOOTTUMANA.P.O., CHUNGATHARA, NILAMBUR, MALAPPURAM-679 334. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH MENON SRI.RAJA KANNAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE HEALTH AND FAMILY WELFARE DEPARTMENT, STATE OF KERALA, REPRESENTED BY ITS SECRETARY. 695 001. 3. THE DEPARTMENT OF MEDICAL EDUCATION, STATE OF KERALA, REPRESENTED BY ITS SECRETARY. 695 001. 4. THE KERALA PUBLIC SERVICES COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN.695 011 5. THE DIRECTOR, MEDICAL EDUCATION, THIRUVANANTHAPURAM. 695 011. 6. THE DIRECTOR, HEALTH SERVICES, THIRUVANANTHAPURAM. 695 011. R1 TO R3, R5 & R6 BY GOVT PLEADER SRI. ANTONY MUKKATH R4 BY ADV.SRI. ALEXANDER THOMAS, SC FOR KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------------- W.P.(C) No. 35352 OF 2010 ---------------------------------------------- Dated this the 21st day of February, 2011 JUDGMENT The petitioners are working as Staff Nurses Gr.II in the Health Services Department. At the time of abolition of the dual control system of the staff of the Health Services Department working in the Medical Education Department, the petitioners did not file any option at the first instance. Later on, they were given a fresh chance for exercising option. The petitioners opted to go over to the Medical Education Department. The petitioners apprehend that their seniority may be determined on the basis of the priority of filing options, which according to the petitioners is unjust and illegal. Their names are not included in Ext.P15 provisional seniority list. They have already filed objections to the provisional seniority list, Ext.P15 in the matter. The petitioners now submit that without finalising the provisional seniority list, the respondents seek to make promotions, which, if done, would seriously affect the claims of the petitioners. Therefore, the petitioners seek the following reliefs: W.P.(C)No.35352/10 “i) issue a writ of mandamus or any other appropriate Writ, Order or Direction commanding the respondents to finalize the seniority list of Staff Nurse-Grade-II, in the Medical Education Service, after passing orders on options submitted by the petitioners in accordance with Ext. P.10 and P.11 and in accordance with the provisions contained in Rule27(c) of Part II the Kerala State & Subordinate Service Rules; ii) declare that all employees who opted for serving the Department of Medical Education pursuant to Exts P.5, P.6, P.10 & P.11 shall be considered together for the purpose of determining seniority in the Department of Medical Education without reference to the date of submission of option and with reference to the date of submission of option and with reference to Rule 27(c) of Part II the Kerala State & Subordinate Service Rules; iii) issue a writ of mandamus or such other writ or direction, directing the respondents to expedite the finalization of options submitted on the basis of Exts P.10 & P.11; iv) in the alternative declare that the petitioners are entitled to withdraw options submitted pursuant to Exts. P10 & P.11 and that they are entitled to continue in the Health Services Department” 2. I have heard the learned Government Pleader also. Certainly, if promotions are now sought to be made without finalising the seniority list, it will lead to further complications and protracted litigations. In the above circumstances, I am of opinion that further promotions shall be effected only after finalising Ext.P15 provisional seniority list. It would be open to the petitioners to seek inclusion of their names also in the final seniority list, if they are so entitled to. The final seniority list shall be published as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this W.P.(C)No.35352/10 judgment. Further promotions by way of grade promotions, ratio promotions or otherwise shall be made only after finalising the seniority list. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd