IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 36549 of 2008(A) -------------------------- PETITIONER(S): ------------------ 1. SHEEJA.M.Y,D/O.M.K.YATHINDRAN, T.C.13/2224, G.R.A.780, GOURISAPATTAM,PATTOM POST, THIRUVANANTHAPURAM. 2. SABITHA.B, D/O.BABY JOHN,BYJU BHAVAN, CHETTIVILA, VENKODE POST, THIRUVANANTHAPURAM. 3. ASHA.P.S, D/O.G.PURUSHOTHAMAN NAIR, SIMI HOUSE, CHEKKAKUNNAM, KARAKULAM.P.O, THIRUVANANTHAPURAM. 4. SHEENA.H.M, D/O MAHESAN, SHEENA MANDIRAM EDATHANA POST, KADACKAL, THIRUVANANTHAPURAM. 5. SREEJA MOL.V, D/O DEVADAS, SREEJA BHAVAN KAIRALI NAGAR, VATTAPPARA.P.O, THIRUVANANTHAPURAM. 6. PREETHA KRISHNAN.K.C, W/O.SIVAKUMAR.P, CHITHRA, T.C.75/31, KADAMPALLY LINE, ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.SURESH RESPONDENT(S): ------------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM DISRICT, THIRUVANANTHAPURAM. WPC NO.36549/08 -2- 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM 4. DISTRICT MEDICAL EDUCATION OFFICER, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM 5. THE DISTRICT PROGRAM MANAGER NRHM (AROGYAKERALAM) THIRUVANANTHAPURAM 6. THE KERALA PUBLIC SERVICE COMMISSION REP. BY THE SECRETARY, KPSC, PATTAM THIRUVANANTHAPURAM 7. THE DISTRICT OFFICER, KERALA STATE PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R5 GOVERNMENT PLEADER SRI.DILEEP MOHAN FOR R1-4 SRI.ABRAHAM THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36549/08 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE PHOTOSTAT COPY OF THE RANKED LIST FOR THE POST OF STAFF NUSES IN HEALTH SERVICE DEPARTMENT IN THIRUVANANTHAPURAM DT. EXT.P2: A TRUE PHOTOSTAT COPY OF the LETTER FROM 1ST RESPONDENT DT 15.5.08 FOR APPOINTING MORE NURSES THROUGH NRHM SCHEME. EXT.P3(a) AND (b): TRUE PHOTOSTAT COPIES OF THE LETTER DT 15.2.08 AND PROPOSAL LETTER DT 21.11.07 TO CREATE MORE POSTS OF STAFF NURSES AND O THER STAFFS IN CRITICAL AREAS LIKE ICU TRAUMA CARE UNITS ETC BY THE DIRECTOR OF MEDICAL EDUCATION. EXT.P4: TRUE PHOTOSTAT COPY OF THE LETTER OF THE PUBLIC INFORMATION OFFICER MEDICAL COLLEGE HOSPITAL THIRUVANANTHAPURAM DT 7.11.2008. EXT.P5: TRUE PHOTOSTAT COPY OF the LETTER OF PUBLIC INFORMATION OFFICER DISTRICT MEDICAL OFFICE, THIRUVANANTHAPURAM DT 11.6.2006. EXT.P6 a, b,c and d: TRUE PHOTOSTAT COPIES OF THE NEWS REPORTS REGARDIGN THE PROCLAMATIONS FO THE MINISTERS WITH RESPECT TOT HE CREATION OF MORE POSTS AND THE STRIKE CONDUCTED by the PSC RANK HOLDERS. EXT.P7: TRUE PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE RANK HOLDERS BEFORE THE CHIEF MINISTER AND THE MINISTER FOR HEALTH DT 27.10.2008. EXT.P8: TRUE PHOTOSTAT COPY OF THE LETTER DT 9.9.08 FROM THE SUPRENDENT MENTAL HOSPITAL, THIRUVANANTHAPURAM //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 36549 OF 2008 (A) ===================== Dated this the 9th day of September, 2009 J U D G M E N T Petitioners were included in Ext.P1 ranked list published by the PSC for the post of Staff Nurse in Thiruvananthapuram District which came into force from 21/11/2007. According to the petitioners, even though there is an approved ranked list, authorities are appointing staff nurses provisionally from the 5th respondent and similar organizations. 2. The 3rd respondent has filed a statement conceding that the list was published on 21/11/2007. It is stated that 359 vacancies of staff nurses were reported to the PSC during the period from 25/7/05 to 16/2/2009 and 259 candidates were advised. It is stated that thereafter 20 more NJD vacancies were reported and 14 candidates were advised. It is stated that those who reported have joined the post and with their joining the post, the corresponding number of contract appointees have been terminated. 3. Thus, the stand taken by the 3rd respondent is that, on the PSC advised candidates joining the post, corresponding WPC 36549/08 :2 : number of contract appointees will be send out. In such circumstances, I see no reason to issue a direction as sought for by the petitioners to require the respondents to terminate the service of contract appointees. 4. However, it t is clear from the facts that there is a ranked list and if that be so regular vacancies should be filled up from the said list. Therefore, in view of the above, if as at present regular vacancies requiring to be filled up are available, necessarily, the 3rd respondent shall immediately report these vacancies to respondents 6 and 7, who shall advise candidates, and on their joining, the contract employees shall be terminated. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp