IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21499 of 2008(H) -------------------------- PETITIONER: ------------ 1. SOPHY.K.M, W/O. MATHES, AGED 46, STAFF NURSE, GENERAL HOSPITAL, PALA. 2. P.R. PUSHPAVALLY, W/O.T.K. RAJENDRAN NAIR, AGED 48, STAFF NURSE (SENIOR GRADE), PRIMARY HEALTH CENTRE, KUDAYATHUR, IDUKKI. 3. R. SADASIVAN, S/O. RAGHAVAN, AGED 50, STAFF NURSE (HIGHER GRADE), PRIMARY HEALTH CENTRE, SENAPATHY, IDUKKI. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), KOTTAYAM. 4. THE DISTRICT MEDICAL OFFICER (HELATH), IDUKKI. BY BY GOVERNMENT PLEADER SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 21499 of 2008 --------------------------------- Dated this the 17th day of July, 2008. JUDGMENT The petitioners are working as Staff Nurses in the Health Services Department. Petitioners 1 and 3 were appointed pursuant to the advice of the PSC in Kasaragod District and the second petitioner was appointed pursuant to the advice of the Public Service Commission in Ernakulam District. The first petitioner was thereafter granted inter district transfer to Kottayam District, the second petitioner to Idukki District and the third petitioner also to Idukki District. According to the petitioner, such transfer should not affect the seniority. The petitioners contend that when they entered service there was only one post of Staff Nurse. Thereafter the Government constituted Dr. C.V.Prathapan Commission for job evaluation of Government Nurses. Accepting the report submitted by the Prathapan Commission the Government directed grant of higher grade to Staff Nurse and Staff Nurse Grade I in the ratio of 1:1. This is evidenced by Exts.P6 and P7. As per the Special Rules for WPC. 21499/2008 2 the Kerala Health Services (Nursing and Hospital Wing) Subordinate Service, Staff Nurse is a post for which appointing authority is the Director of Health Services. Reference is made to the judgment of this court in WPC.18800/07 requiring the Director concerned to take steps to finalise the seniority list of Staff Nurse Grade Gr.I and Head Nurse Grade I as early as possible, at any rate, within the time frame fixed in the judgment. Pursuant to the same the Director apparently circulated a letter requiring the service details of the affected persons and this has been furnished by the petitioner as per Ext.P12,P12(a). The same has been supplemented by the petitioner under Ext.P13, P13(a) and P13(b). The petitioners pray that Exts.P13, P13(a) and P13(b) be considered by the Director in the course of finalising the seniority list of Staff Nurse Grade I. 2. I heard learned counsel for the petitioners and the learned Government Pleader. I have perused Exts.P13, P13(a) and P13(b) representations. The claim made by the petitioners challenging forfeiture of seniority on inter district transfer will have to be considered by the Director himself. WPC. 21499/2008 3 In the result, the writ petition is disposed of directing the second respondent to consider Exts.P13 ,P13(a) and P13(b) also in the course of finalising the seniority of Staff Nurse Grade I. V. GIRI, JUDGE. Pmn/