IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 5171 of 2009(N) ------------------------------------ PETITIONER(S): ------------------------ MARY M.D., AGED 52 YEARS, W/O.DR.K.HARRIS, "MERINNLAND", CHEVAYOOR P.O., KOZHIKODE - 17. BY ADV.MR.P.GOPINATH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. SR. GOVT. PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.5171 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT Heard Sri.P.Gopinath Menon, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner entered service as Staff Nurse Grade II on 17.11.1989. After her probation in the category of Staff Nurse Grade II was declared, she availed leave without allowances for taking up employment abroad with effect from 20.10.1989. She rejoined duty on 5.7.2002. Thereafter she was promoted as Staff Nurse Grade I by Ext.P1 order dated 31.1.2003 and later as Head Nurse by Ext.P2 order dated 7.6.2003. The petitioner's grievance is that overlooking her eligibility, her juniors have been promoted to the category of Nursing Superintendent Grade II. The petitioner submits that though aggrieved thereby she has submitted Ext.P4 representation dated 22.1.2008 before the Director of Health Services, till date orders have not been passed thereon. In this writ petition, the petitioner inter alia seeks a direction to the Director of Health Services to consider the grievance voiced by her in Ext.P4 and take a decision thereon within a time limit to be fixed by this Court. WP(C).No.5171/2009 2 3. From the pleadings and the materials on record, it appears that the petitioner has been superseded by her juniors in the matter of promotion to the category of Nursing Superintendent Grade II. According to the petitioner, this was done on the ground that she had availed leave without allowances prior to her promotion to the category of Staff Nurse Grade I. In my opinion, since the petitioner has already moved the Director of Health Services who has issued orders promoting the petitioner's juniors to the category of Nursing Superintendent Grade II, it is for that authority to consider whether the petitioner was rightly superseded. I accordingly dispose of this writ petition with a direction to the Director of Health Services to consider the request made by the petitioner in Ext.P4 representation and pass orders thereon within three months from the date on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment. The Director of Health Services shall after orders are passed as directed above communicate a copy thereof to the petitioner expeditiously. The Director shall before passing orders as directed above also afford the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge TKS