IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6432 of 2010(D) ------------------------- PETITIONER(S): --------------- LIZZY PAPPY, JUNIOR PUBLIC HEALTH NURSE GRADE II, PRIMARY HEALTH CENTRE, ELATHUR PATHANAMTHITTA DISTRICT. BY ADVS SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH) PATHANAMTHITTA DISTRICT. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 6432 OF 2010 -------------------------------------------- Dated this the 1st day of March, 2010 JUDGMENT The petitioner is a Junior Public Health Nurse Grade II attached to the Primary Health Centre, Elathur in Pathanamthitta District. She was originally recruited in Ernakulam District and she joined duty there on 6.6.1996 pursuant to Ext.P1 advice for appointment dated 9.4.1996. Subsequently, she was transferred to Pathanamthitta as per Ext.P2 order dated 18.6.2003, pursuant to which she joined duty in Pathanamthitta District on 23.6.2003. The grievance of the petitioner is that in Ext.P3 seniority list, her date of joining service is shown as 23.6.2003 instead of 6.6.1996, for the purpose of assigning seniority. The case of the petitioner is that she would not lose her seniority merely for the reason that she was given an inter district transfer to Pathanamthitta District in the light of Exts.P4 and P6 and she is entitled to get seniority based on the date of advice viz., 9.4.1996. Raising her grievance, the petitioner has already approached the first respondent by filing Ext.P5 appeal under Rule 27(b) of Part II of the Kerala State and Subordinate Services Rules, 1958. The petitioner has raised a specific contention in that regard relying on Exts.P4 and P6 and it is highlighted in Ground (b), which reads thus: W.P.(C).NO.6432/2010 2 “(b) Even prior to the inter district transfer of the petitioner, there were vacancies available in her advised districts to accommodate her as Junior Public Health Nurse Grade I on promotion in applying 1:2 ratio. In other words, the Department has not effected promotion to the category of Grade I in time. Result is that the petitioner did not get promotion as Grade I Junior Public Health Nurse when it was ripe. Had the Grade I promotion been effected without delay and latches, petitioner would have got promotion even before her transfer. In that event, the toppling of the seniority position in the revised seniority list would not have happened. The definite case is that there were vacancies for promotion as Junior Public Health Nurse Grade I, before the inter-district transfer of the petitioner. In identical case, even after inter district transfer, the transferees were granted promotion against the post which was available to them prior to the transfer. True copy of the said order is produced herewith and marked as Exhibit P6. Petitioner sought for an identical treatment.” 2. The same ground has been virtually taken in Ext.P5. In the light of Exts.P4 and P6, I think the said ground requires serious consideration by the first respondent, while considering the issue involved in the matter. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc C.T. RAVIKUMAR, J. W.P.(C) NO. 5237/2010 JUDGMENT 17th February, 2010