IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DAY OF DECEMBER 2011/22ND AGRAHAYANA 1933 WPC.No. 28712 of 2011 L) ------------------------------- PETITIONER(S): ------------------- 1. LIGI.K.G, NURSING TUTOR (DEPLOYED), GOVERNMENT SCHOOL OF NURSING, ALAPPUZHA, RESIDING AT KARUMANCHERIL. HOUSE, EZHUPUNNA SOUTH P.O., CHERTHALA-688 550. 2. BINU SADANANDAN,NURSING TUTOR (DEPLOYED) GOVERNMENT SCHOOL OF NURSING, ERNAKULAM RESIDING AT PUNNAKKAPPALLI HOUSE, VALLUMMEL COLONY ROAD, PALLURUTHY, KOCHI-682 006. 3. SHEEBA BHASKAR, NURSING TUTOR (DEPLOYED), GOVERNMENT SCHOOL OF NURSING, KOLLAM RESIDING AT KODIKULATH HOUSE THALAYOLAPARAMPU P.O., THALAPPARA KOTTAYAM DISTRICT. 4. BEENA.T, NURSING TUTOR (DEPLOYED) GOVERNMENT SCHOOL OF NURSING, ASRAMAM KOLLAM DISTRICT, RESIDING AT POLACHIRA VAYALIL HOUSE, SASTRI JUNCTION, KADAPPAKKADA P.O. KOLLAM. 5. DOLLY BEATRICE.J.C, NURSING TUTOR (DEPLOYED) GOVERNMENT SCHOOL OF NURSING, KOLLAM. RESIDING AT VALIYAPACHAKADU THADATHARIKATHU PUTHEN VEEDU, PACHA P.O., PALODE. 6. HEMAMBIKA.K.K., NURSING TUTOR (DEPLOYED) GOVERNMENT SCHOOL OF NURSING, MANJERI MALAPPURAM DISTRICT, RESIDING AT "PRASADOM",. VETTEKODE POST, MANJERI-676 122, MALAPPURAM DISTRICT. Svs ......2/-.... ...2... WPC.NO.28712/2011 7. USHAKUMARI.O, NURSING TUTOR (DEPLOYED) GOVERNMENT SCHOOL OF NURSING, KOLLAM RESIDING AT "VAISHNAVAM" SOORANADU NORTH P.O. KOLLAM-690 561. BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER SRI. JOSE ADIYODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28712/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE IN FACULTY OF MEDICINE, DATED 24.5.2003, ISSUED TO THE IST PETITIONER FROM MAHATMA GANDHI UNIVERSITY. P2: COPY OF ORDER NO.B.112/05/DHA DATED 18.1.2005 OF THE SUPERINTENDENT, DISTRICT HOSPITAL, ALAPPUZHA, ISSUED TO THE IST PETITIONER. P3: COPY OF COMMUNICATION NO.A5-10725/09/DMO(H)A DATED 24.6.2009 OF THE DISTRICT MEDICIAL OFFICER (H), ALAPPUZHA TO THE 3RD RESPONDENT. P4: COPY OF MEMO NO.B6/19895/09/DME DATED 23.12.2009 OF THE 2ND RESPONDENT TO THE IST PETITIONER. P5: COPY OF BOND EXECUTED BY SERVICE QUOTA CANDIDATES ON ADMISSION TO THE M.SC.NURSING COURSE. P6: COPY OF COMMUNICATION NO.A5/3074/10 DATED 11.2.2010 OF THE DISTRICT MEDICIAL OFFICER (HEALTH),MANJERI TO THE SUPERINTENDENT, DISTRICT HOSPITAL, MANJERI. P7: COPY OF ORDER, G.O(RT)NO.2469/10/H&FWD DATED 3.6.2010 OF THE IST RESPONDENT, REFERRED TO IN THE WRIT PETITION. P8: COPY OF ORDER, G.O(RT)NO.871/2011/H&FWD DATED 1.3.2011 OF THE IST RESPONDENT, ISSUED TO 2ND RESPONDENT AND OTHERS. P9: COPY OF REPRESENTATION SUBMITTED BY THE POSTGRADUATE NURSING STUDENTS' FORUM, KERALA STATE. P10: COPY OF COMMUNICATION NO.EE2/38607/2010/DHS DATED 15.7.2010 OF THE 3RD RESPONDENT TO THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM & OTHERS. P11: COPY OF CLARIFICATION ISSUED BY THE IST RESPONDENT VIDE NO.1065/C2/2011/H&FWD DATED 9.5.2011 ISSUED TO THE 3RD RESPONDENT. P12: COPY OF THE REPRESENTATION DATED 10/11/2011. P13: COPY OF THE CIRCULAR DATED 26/11/2011 ALONG WITH PROVISIONAL SENIORITY STATEMENT OF NURSING TUTORS SELECTED FROM THE QUALIFIED STAFF NURSES IN THE HEALTH SERVICES DEPARTMENT. P14: COPY OF THE APPEAL FILED BY THE 1ST PETITIONER DATED 27/11/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K. SURENDRA MOHAN, J. ------------------------------------------ WP(C) NO. 28712 OF 2011 ------------------------------------------ Dated this the 13th day of December, 2011 J U D G M E N T Petitioners are staff nurses working under the 1st respondent. They have filed this writ petition aggrieved by a clarification, Ext.P11, issued by the 1st respondent government. 2. As per Ext.P11 clarification, the period spent by the petitioners for undergoing the Postgraduate M.Sc. Nursing Course in the Service Quota, has been directed to be treated as leave without allowances, and that they shall not be considered for promotion to the post of Nursing Tutors. According to the petitioners, earlier they were being granted permission to acquire the Postgraduate M.Sc. Nursing Degree by treating the period for such study as duty. As a result of the change introduced by Ext.P11, the petitioners are denied their legitimate right of promotion to WP(C) NO. 28712 OF 2011 ..2.. the next higher post of Nursing Tutor. Therefore, the petitioners have challenged Ext.P11. The petitioners have submitted Ext.P12 representation before the 1st respondent setting out their grievances and requesting for the issue of necessary orders for restoring the earlier position and treating the disputed period as duty. They have also sought for considering their claims for promotion. They complain that no orders have been passed on Ext.P12 so far. 3. I have heard learned Govt. Pleader also. 4. According to the counsel for the petitioner, pursuant to Ext.P11 clarification, Ext.P13 provisional list has been prepared. The names of the petitioners do not figure in the said list. The petitioners apprehend that by the grant of promotion from the said list, their claims for promotion would be defeated. Therefore, they seek the issue of appropriate orders for consideration of their claims. WP(C) NO. 28712 OF 2011 ..3.. Since the entire issue is pending consideration of the 1st respondent, I am satisfied that Ext.P12 can be directed to be considered and disposed of. 5. In the above circumstances, this writ petition is disposed of directing 1st respondent to consider the claims of the petitioners set out in their representation, evidenced herein by Ext.P12, in accordance with law and to pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment and at any rate before finalisation of the Ext.P13 provisional list. K. SURENDRA MOHAN, JUDGE bka/-