IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 2664 of 2010(G) ------------------------------------- PETITIONER : -------------------- V.V. ANTONY, STAFF NURSE GRADE-I, DISTRICT HOSPITAL, KANNUR. BY ADV. SRI.P.C. SASIDHARAN RESPONDENTS : ------------------------ 1. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 2664 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE ADVICE MEMO DATED 04/07/1987. EXT P2 : COPY OF THE ORDER NO.EE1/221/2001/DHS DATED 04/01/2002 PROMOTING THE PETITIONER AS STAFF NURSE GR.I EXT P3 : COPY OF THE ORDER NO.A1-302/2004 DATED 13/02/2004. EXT P4 : COPY OF THE PROCEEDINGS DATED 10/11/2008 PROMOTING THE STAFF NURSE GRADE-I TO THAT OF HEAD OF NURSE EXT P5 : COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 14/07/2009. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.2664 of 2010 --------------------------------------------- Dated this the Ist day of December 2011 JUDGMENT The petitioner had joined service as a Junior Nurse under the first respondent on the advice of the Kerala Public Service Commission ('PSC' for short) as per memo dated 4.7.1987. According to him, he joined service on 23.7.1987. He had joined service in the Kannur District, but was later transferred to Ernakulam District in the year 1998, on his request. In the year 2000, he was transferred to Kasargod District. While holding the post of Staff Nurse, he was promoted to the next higher post of Staff Nurse Grade-I on 4.1.2002. Subsequently, he was promoted to the post of Head Nurse by proceedings dated 29.4.2003. Thereafter, on 13.2.2004, he was reverted to the post of Staff Nurse Grade-I on the ground that he had to forego his seniority in the cadre of Staff Nurse upon his transfer from Kannur District to Ernakulam District, on his request. 2. The petitioner had challenged his reversion by WPC No.2664 of 2010 2 filing a writ petition before this Court. However, he could not succeed. The petitioner joined as a Staff Nurse Grade-I on 16.2.2004. According to the petitioner, consequent to the inter district transfer on his request, he would have to forego his seniority position in the cadre of Junior Nurse. However, by virtue of his appointment to the post of Staff Nurse Grade-I on 4.1.2002, he had acquired a seniority position in the said cadre. Therefore, his seniority position in the cadre of Staff Nurse Grade-I with effect form 4.1.2002 has to be reckoned for the purpose of further promotion to the higher post of Head Nurse. Though the petitioner has submitted Ext.P5 representation to the first respondent, setting out his grievances in detail and claiming promotion from 4.1.2002, he complains that no orders have been passed thereon till date. He, therefore, seeks the issue of appropriate directions for the consideration of Ext.P5. 3. I have heard the learned Government Pleader also. 4. In view of the limited relief that is claimed, this writ petition can be disposed of directing the first WPC No.2664 of 2010 3 respondent to consider the grievances of the petitioner within a specified time. 5. This writ petition is, accordingly, disposed of directing the first respondent to consider the grievances of the petitioner set out in his representation, evidenced herein by Ext.P5 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/