IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8649 of 2008(D) ------------------------- PETITIONER: ------------ 1. C. PADMAVATHY, JUNIOR PUBLIC HEALTH NURSE GR.I., PRIMARY HEALTH CENTRE, KODIYATHOOR, KOZHIKODE. 2. M.V. FATHIMA, JUNIOR PUBLIC HEALTH NURSE GR.I., PRIMARY HEALTH CENTRE,KAKKODY, KOZHIKODE. BY ADV. SRI.M.V.BOSE PNI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, CIVIL STATION, KOZHIKODE. 4. THANKAMMA E.K., JUNIOR PUBLIC HEALTH NURSE GR.I, PRIMARY HEALTH CENTRE, KARASSERY, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 8649 of 2008 -------------------------- Dated this the 13th March, 2008 J U D G M E N T Petitioners are at present working as Junior Public Health Nurse Gr.I. According to them, persons who are juniors in the revised final seniority list of Junior Public Health Nurse Gr.I were deputed to undergo Health Supervisory Training as a prelude for promotion as Lady Health Inspector ahead of them. This was completely unjustified. As a matter of fact, petitioners had objected to this even earlier. Though the petitioners were later deputed for training, now, it is apprehended that persons who are juniors in the cadre of Junior Public Health Nurse Gr.I had been directed to be posted as Lady Health Inspector going by the date on which they complete their training. This is contended to be illegal as such Juniors should not have been deputed for training overlooking the seniority of the petitioners. 2. In my view, petitioners grievance ought to be looked into by the Director in the first instance. The Director shall consider the question as to why the juniors to the petitioners W.P ( C) No. 8649 of 2008 2 were deputed for training ahead of seniors like the petitioners or similarly situated persons and why they have been superseded in this regard. The Director shall also consider the contention that the same should not affect their posting and consequent seniority in the post of Lady Health Inspector. This matter must be specifically addressed by the Director of Health Services. Accordingly, the writ petition is disposed of in the following terms: i) Petitioners may file a representation indicating these aspects as a supplement to Exhibit P3 either separately or jointly within a period of two weeks from today. If it is filed, it shall be looked into and appropriate decision be taken in the light of the observations made above, within a period of four weeks thereafter. All postings of Lady Health Inspectors pursuant to Exhibit P4 shall be subject to the decision to be taken as aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 8649 of 2008 3 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 8649 of 2008 4 25th May, 2007