IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 28402 of 2003(F) -------------------------- PETITIONER: ------------ DAISY A.VARGHESE, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, THRISSUR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28402 of 2003 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF ORDER DATED 16.7.86 OF THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD EXT.P2- TRUE COPY OF ORDER DATED 13.12.78 OF THE 2ND RESPONDENT WITH THE POSITION OF THE PETITIONER IN THE GRADATION LIST OF STAFF NURSE. EXT.P3- TRUE COPY OF THE ORDER NO.A1/7413/91 DATED 23.1.92 OF THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD EXT.P4- TRUE COPY OF THE ORDER DATED 18.9.02 OF THE SECOND RESPONDENT EXT.P5- TRUE COPY OF ORDER DATED 27.3.03 OF THE 2ND RESPONDENT EXT.P6- TRUE COPY OF G.O.(P)274/70/FIN DATED 29.4.70 EXT.P7- TRUE COPY OF ORDER NO.A5-4730/02 DATED 24.9.02 OF THE DIST. MEDICAL OFFICER (H) PALAKKAD EXT.P8- TRUE COPY OF THE REPRESENTATION DATED 4.4.02 FROM THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P9- TRUE COPY OF THE ORDER DATED 10.6.03 OF THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).28402/2003 -------------------- Dated this the 12th day of February, 2008 JUDGMENT Petitioner, while working as Staff Nurse in the Health Service Department, entered on leave without allowance for taking up employment abroad on 13.2.1992 which was extended upto to 13.2.2002. The contention is that she was denied promotion to the post of Head Nurse even after she re-joined duty in spite of the fact that persons junior to her were promoted as Head Nurse. Petitioner, therefore, approached this Court seeking a writ of certiorari to quash Ext.P9. Petitioner also seeks a writ of certiorari as regards the seniority list, but I note that the seniority list for the post of Staff Nurse is not produced and affected persons are not attempted to be impleaded. The petitioner has since retired from service. 2. In the counter affidavit filed by the respondents, it is pointed out that the petitioner's seniority in the post of Staff Nurse was considered and she was promoted to the post of Head Nurse after she re-joined duty. There are no specific instances pointed out by the petitioner as to her W.P.(C).28402/2003 2 seniority being overlooked. No substantive evidence was produced by the petitioner before the department to show that her juniors who had worked as Staff Nurse, had been promoted as Head Nurse even before the petitioner had proceeded on leave without allowance. 3. I heard the learned counsel for the petitioner and the learned Government Pleader. 4. Going by the nature of the averments in the writ petition and the materials placed on record, I am not in a position to find that the petitioner had been overlooked in the matter of promotion to the post of Head Nurse either before she entered on leave without allowance for taking up employment abroad or after she had re-joined duty. In so far as the plea for quashing the seniority list is concerned, obviously the said contention cannot be considered in the light of the fact that neither the list is produced nor are the affected persons impleaded. W.P.(C).28402/2003 3 5. For all these reasons, I do not find any error in Ext.P9. In the result, writ petition is disposed of holding that if the petitioner claims assignment of seniority in the post of Head Nurse with reference to any prior date, she may move the Government in which case her request will be considered in accordance with law. V.GIRI, Judge mrcs