IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8484 of 2010(I) ------------------------- PETITIONER(S): --------------- 1. JOMY GEORGE, W/O. K.K.JOSE, AGED 46 YEARS, JUNIOR PUBLIC HEALTH NURSE GRADE I GOVERNMENT DISPENSARY, EDAPPALLY. 2. T.R.SREELATHA, W/O. T.K.VISWANATHAN AGED 46 YEARS, JUNIOR PUBLIC HEALTH NURSE GRADE I TALUK HEAD QUARTERS HOSPITAL, ALUVA. 3. V.M.ALEYAMMA, JUNIOR PUBLIC HEALTH NURSE GRADE I PRIMARY HEALTH CENTRE, MAZHUVANNUR, ERNAKULAM DISTRICT. 4. BENZI PHILIP, JUNIOR PUBLIC HEALTH NURSE GRADE I PRIMARY HEALTH CENTRE, THOTTOOR, PEPPATHY (VIA) PIRAVAM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.V.K.GOPALAKRISHNAN RESPONDENT(S): 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT, TRIVANDRUM 2. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH) ERNAKULAM DISTRICT. BY GOVT.PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 8484 OF 2010 -------------------------------------------- Dated this the 15th day of March, 2010 JUDGMENT The petitioners are working as Junior Public Health Nurses. For getting promotion to the post of Lady Health Inspector, six months training is necessary. The persons in the category of Junior Health Nurse like the petitioners are to be sent for training by the Department. Relying on a decision of this Court in Ammini v. State of Kerala reported in 2000(2) KLT 764, it is contended that the failure on the part of the Department to send the petitioners for training cannot be a reason for denying them promotion to the post of Lady Health Inspector. 2. In the said decision, it was held: Even in the absence of any order of exemption passed invoking R.39 of the K.S & S.S.R persons who have been denied opportunity for undergoing training cannot be deprived of their right for promotion solely on the ground that they have not acquired the training qualification. The reason is that such late acquisition of qualification is not attributable to any fault on the part of the candidate; but it is only on account of the mistake committed by the Department in not sending them for training at the relevant point of time. It was further found that even without an order invoking power under R.39 of the K.S.& S.S.R the seniors could enforce their right. 3. According to the petitioners, 213 vacancies in the category of Lady Health Inspector would arise on 1.4.2010. In the light of the decision in W.P.(C) NO.8484/2010 2 Ammini's case (supra), the petitioners are entitled to be considered for promotion to the aforesaid post ignoring the fact that they had not undergone six months training. 4. According to the petitioners, the non-acquisition of qualification is not attributable to any fault on their part and in fact, they were denied the opportunity to undergo training inasmuch as they were not sent for training by the Department. It is the specific contention of the petitioners that in the seniority list of the Junior Public Health Nurses, the persons holding rank numbers upto 2431 were already promoted as Lady Health Inspectors and the petitioners are holding rank Nos.2633, 2601, 2605 and 2655 respectively. In the light of the decision in Ammini's case (supra), the claim of the petitioners requires consideration. In the circumstances, there shall be a direction to the second respondent to consider the claim of the petitioners for promotion, in the light of the decision of this Court reported in 2000(2) KLT 764. The second respondent shall consider Ext.P1 series of representations, submitted respectively by the petitioners, expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.8484/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.8484/2010 JUDGMENT 15th March, 2010