IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 27072 of 2011(H) -------------------------------------- PETITIONER(S): -------------------- THARA. S, JUNIOR PUBLIC HEALTH NURSE GRADE I, PRIMARY HEALTH CENTRE, THONIPPARA, HARIHARAPURAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL, SRI.S.VISHNU. RESPONDENT(S): ------------------------- 1. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE), OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 037. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 037. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM-695 035. BY SR. GOVT. PLEADER MR.E.M. ABDUL KHADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27072 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF THE ORDER NO.FWA 4-57685/09/DHS DATED 13.10.2009 ISSUED BY THE IST RESPONDENT (RELEVANT PORTION). EXHIBIT P2- TRUE COPY OF THE ORDER NO.FWA4-48685/09/FMHS DATED 28.5.2011 ISSUED BY THE IST RESPONDENT. EXHIBIT P3- TRUE COPY OF THE REPRESENTATION DATED 3.6.2011 TO THE 2ND RESPONDENT. EXHIBIT P4- TRUE COPY OF THE REPRESENTATION DATED 3.6.2011 TO THE 3RD RESPONDENT. EXHIBIT P5- TRUE COPY OF THE TREATMENT CERTIFICATE DATED 4.6.2011 ISSUED BY SSNM MISSION HOSPITAL, VARKALA. EXHIBIT P6- TRUE COPY OF CERTIFICATE DATED 6.6.2011 ISSUED BY THE AMRITA SANSKRIT HIGHER SECONDARY SCHOOL, PARIPPALLY P.O., KOLLAM. EXHIBIT P7- TRUE COPY OF THE JUDGMENT IN WP(C) NO.15525/2011 OF THIS HON'BLE COURT. EXHIBIT P8- TRUE COPY OF THE JUDGMENT IN WP(C) NO.15574/2011 OF THIS HON'BLE COURT. EXHIBIT P9- TRUE COPY OF THE G.O.(RT) NO.2876/2011/H&FWD DATED 10/08/2011 ISSUED BY THE 3RD RESPONDENT EXHIBIT P10- TRUE COPY OF THE ORDER NO.G.O(RT) NO.3415/2011/ H&FWD DATED 29.9.2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs P.R.RAMACHANDRA MENON, J. ----------------------------------------------------------- W.P.(C) No.27072 of 2011 – H ----------------------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T The petitioner is stated as aggrieved of Ext.P10 order, whereby the request to accommodate the petitioner at the present location has been turned down, notwithstanding the fact that the very same respondent as per Ext.P9 order passed in a similar case, has extended relief to the beneficiary, permitting the said party to continue in the concerned location till P.S.C. hands joined duty. 2. Heard the learned Government Pleader as well. 3. The petitioner had approached this Court earlier by filing W.P.(C) No.15525 of 2011, which was disposed of as per Ext.P7 judgment directing the third respondent to consider the representation preferred by the petitioner and to pass appropriate orders thereon. It was pursuant to the same, that Ext.P10 has been passed. The learned counsel for the petitioner submits that the another person, who is similarly situated like the petitioner, had approached this Court by filing W.P.(C) -2- W.P.(C) No.27072/2011 No. 15574 of 2011 and the same was also disposed of by Ext.P8 judgment, similar to Ext.P7 judgment. After considering Ext.P8 judgment, the Government passed Ext.P9 order dated 10.8.2011, wherein it has been observed as follows: “Accordingly, the petitioner was heard by the Deputy Secretary, Health and Family Welfare Department on 27.07.2011. At the time of hearing, the petitioner has informed that she is working at Primary Health Centre, Kesavapuram, Thiruvananthapuram as Junior Public Health Nurse Grade I and has been transferred to Thrissur district vide orders of the Director of Health Services dated 28.05.2011. She has requested to retain her at Community Health Centre, Kesavapuram during the academic year since her children are studying at Std. 10 and 12 and they will not get admission in the midst of the academic year in another district if she is transferred. The Superintendent (FWA), Directorate of Health services attended the hearing informed that the persons working as Junior Public Health Nurse Grade I in Thiruvananthapuram District was 209 and -3- W.P.(C) No.27072/2011 the sanctioned strength is only 176. Hence excess, i.e. 33 Junior Public Health Nurse Grade I were transferred vide order dated 28.05.2011 and that the petitioner can continue at Community Health Centre, Kesavapuram till a PSC hand joins duty. It was also informed that there will be vacancies in the cadre of Junior Public Health Nurse Grade I in Thiruvananthapuram District as a result of promotions to Higher cadre such as PHN (LHI) and PHN Supervisor (LHS) for which action is in progress. Government have examined the matter in detail and are pleased to allow Smt.Urmila Devi, Junior Public Health Nurse Grade I, Primary Health Centre, Madavoor, under Community Health Centre, Kesavapuram till a PSC hand joins duty against her post. The Director of Health Services will consider the petitioner's case on merits in one of the forthcoming vacancies as the result of promotions”. -4- W.P.(C) No.27072/2011 4. When the matter came up for consideration before this Court on 13.10.2011, the respondents were required to explain why the benefit as given to the person named in Ext.P9 has not been granted to the petitioner, when Ext.P10 order was passed. 5. After hearing both sides, this Court finds it difficult to accept the reasoning given by the first respondent in Ext.P10; which does not reconcile with the contents of Ext.P9. 6. In the said circumstances, Ext.P10 is set aside. The third respondent is directed to reconsider the matter and pass appropriate orders in accordance with law, in the light of Ext.P9, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition before the 3rd respondent for further steps. The writ petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE. rka