IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 37783 of 2007(W) ---------------------------------------- PETITIONERS: --------------------- 1. N. PARVATHY, NURSING SUPDT. GRADE-II (RETD),W/O.M.K.HARIDASAN, SREEHARI HOUSE, MYTHRI NAGAR, P.O. NELLIKODE, CALICUT-673016. 2. T.O. MEERA, NURSING SUPDT. GRADE-II (RETD), W/O.SRI.M.C.KRISHNAN KUTTY, "AMBADI", PALLIPURATH THODIKA, KOVILAKAMKUNDU, MANJERI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.M.S.VINEETH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, KERALA STATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 37783 of 2007 -------------------------- Dated this the 9th January, 2008 J U D G M E N T Petitioners retired as Nursing Superintendents Gr.II on 28.2.2007. They were aspiring for promotion to the post of Nursing Superintendent Gr.I and according to them they were eligible for promotion on the basis of seniority. They further contend that there were enough vacancies in the said post to which they could have been promoted. The said vacancies were kept unfilled. Their request for provisional promotion taking note of their retirement on 28.2.2007 was not considered and ultimately by Exhibit P7, petitioners were intimated that they were not included in the proposal for provisional promotion as per the proceedings of the Director of Health Services dated 19.3.2007 because they were not in service at that point of time. Petitioners moved the Government by Exhibit P8 representation pointing that that there were sufficient number of vacancies, available in the post of Nursing Superintendent Gr.I even as on 31.1.2007. The vacancies were not filled up. Now the petitioners have W.P ( C) No. 37783 of 2007 2 retired from service on 28.2.2007. Petitioners claim under Exhibit P8 can only be considered as one for notional promotion with reference to the date on which the vacancy arose. After having heard the learned Government Pleader also, this writ petition is disposed of directing the 1st respondent to look into Exhibit P8 representation and after hearing the petitioners, take a decision thereon, within three months from the date of receipt of a copy of this judgment, untrammeled by Exhibit P7. (V.GIRI, JUDGE) ma W.P ( C) No. 37783 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 37783 of 2007 2 25th May, 2007