IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 36516 of 2009(H) -------------------------- PETITIONER(S): -------------------- 1. MINI JOSE, W/O.SIBI SKARIYA, PULIKKAL HOUSE, KOCHARA, KATTAPPANA, IDUKKI. 2. SALI P.T.W/O.SAJAN, NELLICKAL HOSUE, CHELACHUVADU KARA, KATTAPPANA IDUKKI. 3. MUTHULAKSHMI G.D/O.K.GURUSWAWMY, GRAHAMSLAND ESTATE, G.L. DIVISION, MUNNAR P.O., IDUKKI DISTRICT. 4. PREMA S., D/O. SUBBIAH, GRAHASMLAND ESTATE, G.L.DIVSION, MUNNAR P.O., IDUKKI DIST. 5. MANJU P.G. PUTHANPPARAMBIL HOUSE, KALTHOTTI P.O., IDUKKI. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY GEPARTMENT OF HEALTH SERVICES, SECRETARIATE, THIRUVANANTHAPRUAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPRUAM. 3. THE DISTRICT MEDICAL OFFICER, PINAVU IDUKKI. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.36516 of 2009 ------------------------------------------- Dated this the 4th day of January, 2010 JUDGMENT The petitioners are persons who have been included in the rank list prepared by the second respondent for appointment as Staff Nurses in Idukki District. According to the petitioners, there are large number of vacancies existing in the hospitals in Idukki District. There are posts of Head Nurses in various hospitals remaining vacant which are to be filled up by promoting Staff Nurses. However, the complaint of the petitioners is that the said vacancies are not being reported to the Kerala Public Service Commission. 2. The learned Government Pleader, on instructions, submits that there are only 14 vacancies in the district. It is also submitted that the Government has been implementing the policy of W.P.(C)No.36516/2009 2 abolishing the dual control system as a result of which, employees had been given the option to continue either under the Director of Health Services or under the Director of Medical Education. The vacancy position in the various categories would be clear only after the policy is fully implemented. However, 14 vacancies are available in Idukki District. Three vacancies have already been reported to the Kerala Public Service Commission. Two vacancies are set apart for accommodating employees who want to return and join duty after availing leave without allowances. One vacancy is set apart for accommodating the incumbents on inter district transfer. Even on the above basis, it appears that there are atleast two vacancies remaining unreported in the district. In the above circumstances, this Writ Petition is disposed of directing the first respondent to report all the available vacancies of Staff Nurses in Idukki W.P.(C)No.36516/2009 3 District. All the vacancies that are available shall be reported as expeditiously as possible and at any rate within a period of one month from today. K.SURENDRA MOHAN, JUDGE css/