IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH DAY OF DECEMBER 2011/16TH AGRAHAYANA 1933 WPC.No. 30939 of 2011 (N) -------------------------------- PETITIONER(S) ---------------- 1. PREMA.A.V, JUNIOR PUBLIC HEALTH NURSE GRADE-II PRIMARY HEALTH CENTRE PERUMPADAPPU MALAPURAM DISTRICT. 2 P.K. RAMLA BEEGUM, JUNIOR PUBLIC HEALTH NURSE GRADE-II PRIMARY HEALTH CENTRE MAKKAPARAMBA, MALAPURAM DISTRICT. 3 SHEELA.P.V, JUNIOR PUBLIC HEALTH NURSE GRADE-II PRIMARY HEALTH CENTRE,THANUR MALAPURAM DISTRICT. BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S) ----------------- 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT TRIVANDRUM - 695 001. 2 THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM - 695 035. 3 THE DISTRICT MEDICAL OFFICER (HEALTH), MALAPPURAM DISTRICT - 696 519 BY SENIOR GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WPC.No. 30939 of 2011 (N) ----------------------------------- APPENDIX ----------- PETITIONER'S EXHIBITS ------------------------------ EXT.P1. COPY of the ORDER NO.A4/1350/96/DMOH/ERNAKULAM OF THE DISTRICT MEDICAL OFFICER OF HEALTH EXT.P2. COPY OF THE ORDER NO.FW A4-57685/09/DHS OF 2ND RESPONDENT EXT.P3. COPY OF THE G.O. (RT) O.2829/2010/H&WFD OF THE GOVT. EXT.P4. COPY OF THE ORDER NO.FWA4/78844/2011/DHS OF 2ND THE RESPONDENT AND THE RELEVANT PAGE OF THE LIST EXT.P5. COPY OF THE REPRESENTATION FILED BEFORE THE GOVT. (1ST PETITIONER) EXT.P5(A) COPY OF THE REPRESENTATION OF THE 2ND PETITIONER. EXT.P5(B). COPY OF THE REPRESENTATION OF THE 3RD PETITIONER. EXT.P6. COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 1ST PETITIONER. EXT.P6(A). CPY OF THE REPRESENTATION OF THE 2ND PETITIONER. EXT.P6(B). COPY OF THE REPRESENTATION OF THE 3RD PETITIONER. RESPONDENT'S EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30939 OF 2011 ----------------------------------------------------------- Dated this the 7th December, 2011. JUDGMENT The petitioners are Junior Public Health Nurses Gr.II working in Malappuram district. They have been assigned seniority reckoning the dates of their joining the new district. The petitioners claim that they are entitled to get seniority from the date of advice of the Kerala Public Service Commission (PSC for short), unaffected by the inter district transfer. They have a further case that they were entitled to promotion to the post of Junior Public Health Nurse Gr.I prior to their inter district transfer. They also allege that the ratio of 1:2 that is to be maintained between the Junior Public Health Nurses Gr.I and Gr.II has also not been maintained by the department while filling up the vacancies of Junior Public Health Nurses Gr.I. According to the petitioners, they were entitled to promotion to the higher post with effect from the dates of occurrence of the vacancies. The delay in giving them promotion has adversely affected their seniority position, according to them. The petitioners have therefore submitted Ext.P6 series representations to the second respondent. They pray that the WPC 30939/2011 2 representations may be directed to be considered and disposed of expeditiously. 2. I have heard the learned Govt. Pleader also. 3. In view of the limited relief that is claimed I am of opinion that this writ petition can be disposed of directing the second respondent to consider the grievances of the petitioner and to take a decision thereon. 4. This writ petition is accordingly disposed of directing the second respondent to consider the grievances of the petitioners set out in their representations evidenced herein by Exts.P6, P6(a) and P6(b) respectively and to pass appropriate orders thereon, in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after issuing notice to and hearing the petitioners. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 30939/2011 3