IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 8133 of 2008(R) -------------------------------------- PETITIONERS: ----------------------- 1. ANITHA V.M., W/O.JAYARAJAN M.P. AGED 42 YEARS, "KAIRALI", VALLUVANGAD SOUTH, PANDIKKAD, MALAPPURAM DISTRICT. 2. HEMAMBIKA K.K., W/O.RAVINDRA PRASAD "PRASADAM", VETTIKODE (P.O), PULLENCHERRY MANJERI, MALAPPURAM DISTRICT. 3. SHEEJA O., W/O.UDESH NATH, "RAMLEELA" QUARTER NO.2, GAYATHRI APARTMENTS G.R.H.S. ROAD, PARAMBILANGADI, KOTTAKKAL MALAPPURAM DISTRICT. 4. RAZIYA T.M., "MUNAWARLI" UGRAPURAM (P.O), AREACODE (VIA) MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SMT.SMITHA S.PARAKKAL RESPONDENTS: ------------------------- 1. THE DIRECTOR OF HEALTH SERVICES, HEALTH DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, MALAPPURAM DISTRICT. 4. THE STATE OF KERALA,REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008 ALONG WITH WPC.NO.12819 OF 2008 AND WPC. NO.15382 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 8133, 12819 & 15382 of 2008 -------------------------- Dated this the 27th May, 2008 J U D G M E N T Common issues arise for consideration in these writ petitions which have been heard together and therefore they are being disposed of by a common judgment. Writ Petition No.8133 of 2008 is taken as the leading case for convenience. The petitioners who are working as Nursing Tutors, have approached this Court aggrieved by Exhibit-P6 communication issued from the Health and Family Welfare Department ordering Compulsory Bonded Posting to M.Sc Nursing candidates subject to the conditions mentioned therein. When the writ petition was filed, Government Pleader was instructed to get instructions. Government Pleader has produced a letter dated 7.3.2008 taking note of the grievances expressed by the Staff Nurses like the petitioners working as Nursing Tutors, who apprehend that they would be sent away from the teaching posts. 2. Government had requested the Director of Medical Education and the Director of Health Services to examine certain aspects and sent a proposal on the said aspect. The W.P ( C) No. 8133, 12819 & 15382 of 2008 2 relevant portion of the letter reads as follows: “(i) Whether the M.Sc graduates posted in Nursing Colleges/Schools can be limited to 50% of the Tutor posts in each institution. (ii) The stipend payable to the M.Sc interns posted as Tutors has to be fixed. This cannot exceed the total amount of salary payable to Staff Nurses since the amount is being met from DHS a/c. M.Sc nursing interns cannot be treated as equivalent to MD/MS qualified PG Bonded doctors posted in Medical Colleges and the amount of Rs.15000/- fixed to MD/MS qualified PG bonded doctors cannot be given to M.Sc nursing interns. A suitable figure may be proposed, taking the Basic Pay and D.A of Staff Nurses. (iii) M.Sc interns may be considered for clinical posting in the Medical Colleges in Alappuzha and Thrissur, General Hospitals and District Hospitals.” 3. In the light of the fact that the issue is now to be reconsidered, I do not think it is necessary to deal with the contentions of the petitioners on merits at this stage. But taking note of the facts referred to by the Secretary in the above letter, it is necessary that a decision is taken at the Government level based on the report which the Director of Medical Education and Director of Health Services are required to submit as a proposal before the Government. 4. In the result, the 4th respondent shall reconsider the deployment of M.Sc Nursing students under the Compulsory W.P ( C) No. 8133, 12819 & 15382 of 2008 3 Bonded Posting. Revised orders shall be passed within a period of six months from the date of receipt of a copy of this judgment 5. The directions issued in W.P. (C) No.8133 of 2008 will be made applicable to W.P.(C) No.15382 of 2008. It is made clear that the cancellation of deployment of the petitioners as contemplated in Exhibit-P12 shall not be enforced and deployment shall be continued subject to the revised orders to be passed by the Government as already directed. It is further made clear that such among the petitioners who are now under deployment shall be continued to be deployed till fresh orders are passed by the Government as already directed in W.P. (C) No.8133 of 2008. Further deployment shall be subject to the revised orders to be passed by the Government. 6. The directions issued in W.P.(C) No.8133 of 2008 are applicable to the case of petitioners in W.P.(C) No.12819 of 2008 also. All the writ petitions are disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 8133, 12819 & 15382 of 2008 4