IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 13760 of 2009(L) ------------------------------------ PETITIONER(S): ---------------------- 1. SADASIVAN, S/O. RAGHAVAN, AGED 50 YEARS, STAFF NURSE GRADE – I, PRIMARY HEALTH CENTRE, SENAPATHY, IDUKKI. 2. SOPHY K.M., W/O. MATHEWS, AGED 46 YEARS, STAFF NURSE GRADE - I, GENERAL HOSPITAL,PALA. 3. P.R.PUSHPAVALLY, W/O. T.K. RAJENDRAN NAIR AGED 48 YEARS, HEAD NURSE, DISTRICT HOSPITAL CHERUTHONI, IDUKKI DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA M.SAJJAD RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT SECRETARIAT, TRVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), KOTTAYAM. 4. THE DISTRICT MEDICAL OFFICER (HEALTH) IDUKKI. SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.13760 of 2009 -------------------------------------- Dated 8th June, 2009 JUDGMENT Heard Sri.M.Sajjad, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. Petitioners 1 and 2 are Grade I Staff Nurses and the third petitioner is a Head Nurse. They are aggrieved by Ext.P15 order dated 4.10.2008 issued by the Director of Health Services, revising the promotions effected to the category of Staff Nurse Grade I. By Ext.P15, the petitioners have been assigned dates later than the dates on which they were promoted to the category of Staff Nurse Grade I. The petitioners state that aggrieved by Ext.P15 and in terms of the stipulations therein that any omissions/corrections should be brought to the notice of the Director of Health Services within 20 days, they have filed Exts.P16, P16(a) and P16(b) representations. In this writ petition, the petitioners inter alia pray for a direction to the Director of Health Services to consider the grievance voiced by them in Exts.P16, P16(a) and P16(b) represenations and pass orders thereon within a time limit to be fixed by this Court. WP(C).No.13760/2009 2 3. The petitioners state that Ext.P16, P16(a) and P16(b) representations have been filed in terms of the stipulations in Ext.P15 itself and that the Director of Health Services is therefore bound to consider the same and pass orders thereon. Ext.P15, no doubt states that “any omissions/corrections occurred in this list should be brought to the notice of the undersigned with proper documents within 20 days.” It appears to me on a plain reading of Ext.P15 that the Director has given the persons named therein an opportunity to object to any omission/correction in the list appended to Ext.P15. Whether the grievance voiced by the petitioners falls in the realm of omission/correction in the list appended to Ext.P15 is a matter for the Director of Health Services to decide, at least in the first instance. I accordingly dispose of this writ petition with a direction to the Director of Health Services to consider whether Exts.P16, P16(a) and P16(b) representations are maintainable in the light of the aforesaid stipulation in Ext.P15 and pass orders thereon within six weeks from the date on which the petitioners produce a certified copy of this judgment along with a copy of this writ petition before him. If the petitioners are aggrieved by the order passed by the Director of Health Services or by the rank and seniority assigned to them in the list appended to Ext.P15, it will be open to them to move the WP(C).No.13760/2009 3 Government in appeal as provided under Rule 27B of Part II of the Kerala State and Subordinate Services Rules. The Director of Health Services shall before passing orders as directed above also afford the petitioners a reasonable opportunity of being heard. P.N.RAVINDRAN Judge TKS