IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 30825 of 2010(C) -------------------------- PETITIONER(S): --------------- LIZZY PAPPY, JUNIOR PUBLIC HEALTH NURSE GRADE-II, PRIMARY HEALTH CENTRE, ELATHUR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM-695 035. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), PATHANAMTHITTA-689 645. GOVERNMENT PLEADER SRI. ANTONY MUKKATH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO.30825/2010 ------------------------------------------------------------------ EXT.P1 TRUE COPY OF APPOINTMENT ORDER DT. 9.4.1996. EXT.P2 ORDER DT. 18.6.2003. EXT.P3 RELEVANT PAGE OF SENIRITY LIST. EXT.P4 ORDER DT.13.10.2009. EXT.P5 GOVT. ORDER DT. 22.7.2010. EXT.P6 REPRESENTATION DT. 27.9.2010. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 30825 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of November, 2010. J U D G M E N T The petitioner is a junior Public Health Nurse. She was appointed in Ernakulam District in 1996 pursuant to the advice by the Public Service Commission. She got inter-district transfer to Pathanamthitta District in 2003. Pursuant to the same, her seniority has been fixed as the junior-most in Pathanamthitta. The petitioner has a case that that seniority should be reckoned State-wise. According to the petitioner, she was entitled to ratio promotion prior to her transfer to Pathamanthitta and if she had been promoted so prior to such inter-district transfer, her seniority would have been reckoned State-wise, in which case the petitioner would not have been reduced to the junior-most in Pathanamthitta District. She filed an appeal before the Government, which appeal was disposed of by the Government by Ext. P5 order, wherein the statement of the Director of Health Service that the case of the petitioner for retrospective promotion and consequent seniority prior to inter- district transfer will be considered while reviewing the promotion given to the petitioner, was recorded. The petitioner has moved the Director of Health Services for review of the promotions as recorded in Ext. P5 order of the Government. The petitioner's grievance in this writ petition is that although Ext. P5 order was passed on 22.7.2010, nothing further has been done as promised by the Director of Health Services, which promise was recorded in Ext. P5. 2. In view of Ext. P5 order, I directed the learned Government Pleader to get instructions as to within what time the process as contemplated in paragraph 5 of Ext. P5 can be completed. Paragraph 5 of Ext. P5 reads thus: “Hence, the claim of the petitioner in Ext. P5 representation cannot be allowed at present and is rejected reserving the right to consider the same by the Director of Health Services as and when a W.P.C. No. 30825/10 -: 2 :- general review is done.” A statement has been filed on behalf of the 2nd respondent, wherein, it is stated that it would require six months' time to consider the process of review of promotion as recorded in paragraph 5 of Ext. P5. In the above circumstances, the writ petition is disposed of with a direction to the 2nd respondent to take up the consideration for review of the promotions as promised before the Government, which has been recorded in paragraph 5 of Ext. P5 and complete the same, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.