IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 OP.No. 24118 of 2001(U) ----------------------- PETITIONER: --------------- T.C.ANNAKUTTY, STAFF NURSE CODE NO.0576, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-695011. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.G.GOPALAKRISHNA PILLAI RESPONDENT: --------------- SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY (SCTIMST) REPRESENTED BY THE DIRECTOR, SCTIMST, THIRUVANANTHAPURAM-695 011. ADV. SRI.T.R.RAVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 24118 of 2001(U) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Order No.Per & Admn.X/87/93/Sctimst dt.22/12/'93 of the respondent. EXHIBIT P2 : Order No.P&A-I/X/04/FCP/SCTIMST/99 dtd.27/1/”99 of the respondent. EXHIBIT P3 : Order No.P&A-V/FCP/SCTIMST/99 dtd.24/3/”99 of the respondent. EXHIBIT P4 : Representation dtd.4/8/1999. EXHIBIT P5 : Notice No.P&A.I/Notice/SCTIMST/99 dtd.29/9/99 of the respondent. EXHIBIT P6 : Notice No.P&A.II/94/FCP/2000 dtd.13/10/2000 of the respondent. EXHIBIT P7: Representation dtd.3/11/2000. EXHIBIT P8: Memorandum No.P&A.V/PF-576/SCTIMST/2000 dtd.14/11/2000 of the respondent. RESPONDENT'S EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------- O.P.No.24118 of 2001 -------------------------------------- Dated this the 17th day of May, 2010 JUDGMENT The petitioner is working as a staff nurse in the respondent's institution having been appointed as such on 9/1/1984. The main prayer in the writ petition is to issue a writ of mandamus or other appropriate writ, direction or order to the respondent to grant second FCP and the fixation of pay on that basis with effect from 1/1/1998 with all attendant benefits. The further prayer is one seeking to quash Exts.P2,P3, P5, P6 and P8. 2. The bare facts disposal of the writ petition are the following:- It is pointed out by the petitioner that under the FCP Scheme promotion is given with effect from the actual date of completion of the minimum service of seven years. Ext.P1 is the copy of the order dated 22/12/1993 which is given effect from 1/1/1994. 3. The petitioner completed seven years of service on 9/1/1991 and according to the petitioner, she became eligible for the first promotion under the Scheme with effect from O.P.No.24118/2001 : 2 : 1/1/1991. It was granted with effect from 1/7/1991 only. The next increment was effected on 1/1/1992. The second promotion under the FCP Scheme was due to petitioner from 1/1/1998. But it was granted with effect from 1/7/1998. 4. Exts.P2 and P3 are the relevant orders produced in this regard. According to the petitioner the anomaly resulted in loss of six months service benefits every year recurringly. 5. Even though representations were filed, the same were rejected as per Exts.P6 and P8. 6. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. 7. It is submitted by the learned counsel for the petitioner that since the petitioner was appointed on 9/1/1984, on completion of seven years the Grade promotion ought to have been granted from 1/1/1991. There is no reason to postpone the same to 1/7/1991. Similarly it is pointed out that the second promotion under the Scheme was due on 1/1/1998, but it was postponed till 1/7/1998. 8. The learned Standing Counsel for the respondent submitted that the petitioner completed seven years only on 9/1/1991 and going by Ext.P1 minimum service of seven years O.P.No.24118/2001 : 3 : is required and therefore when the said date is between first January and first July it can be given only with effect from first of July. 9. Ext.P1 is dated 22/12/1993 and the same is effective from 1/1/1994. The operative portion of Ext.P1 reads thus:- After detailed examination it is hereby ordered that the promotion under the FCP scheme for the Non- academic Staff as per the Jeothi Commission report will be given with effect from the actual date of completion of the minimum service of 7 years as the case may be instead of 1st January and 1st July. Existing procedure for processing and evaluation of cases will continue. The above orders will take effect from 1/1/1994. 10. Going by the same the promotion will be granted with effect from the actual date of completion of the minimum service of seven years, as the case may be, instead of first January and first July. Evidently Ext.P1 is applicable as on 1/1/1994. Going by the earlier Scheme the effective dates of promotion will be first July in the case of those who have completed minimum service of seven years during the period of January to June and the first January of the succeeding year in the case of those who completed the minimum service O.P.No.24118/2001 : 4 : during the period July to December. This was applicable in the year 1991. The petitioner completed seven years only on 9/1/1991, counting from 9/1/1984. 11. Therefore it is clear that the date mentioned as 1/7/1991 for grade promotion cannot be termed as illegal. After completion of seven years from 1/7/1991 the second promotion was granted from 1/7/1998. Even going by Ext.P1 the actual period for completion of minimum seven years have been reckoned for the purpose the FCP Scheme. Therefore counting from 1/7/1991 the second promotion was granted on 1/7/1998. 12. If that be so there is no anomaly as far as promotions granted to the petitioner. The reasons stated in Exts.P6 and P8 cannot therefore be termed as faulty. In the light of the above the petitioner is not entitled to get any relief and therefore the writ petition is dismissed. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj