IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 14147 of 2005(H) -------------------------- PETITIONERS: ------------ 1. USHA.S., HEAD NURSE, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT `SAMANUYAM' PATTOM P.O., THIRUVANANTHAPURAM. 2. SARAMMA OOMMEN, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT ANUVELIL, QUARTER NO.D25, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. SNAHALATHA.S., HEAD NURSE, DISTRICT HOSPITAL, KOLLAM. 5. LEELAMMA.P.M., HEAD NURSE, DISTRICT HOSPITAL, KOLLAM. 6. LEELAMMA.K., HEAD NURSE, DISTRICT HOSPITAL, KOLLAM. 7. AMMINI.K., HEAD NURSE, DISTRICT HOSPITAL, KOLLAM. 8. N.K.LEELA, HEAD NURSE, WPC 14147/05 DISTRICT HOSPITAL, ERNAKULAM. 9. ANNIE T.JOHN, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 10. NABEESA.K., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 11. VINAYAVATHY, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 12. ANNAM.K.D., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 13. C.K.SARADA, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 14. RETNAMMA P.A., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 15. SUMA.C.K., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 16. USHA.K.N., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 17. ANNAM.P.V., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 18. SAINABA.K.A., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 19. SWARNAKUMARI.A.K., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 20. JENNETTE D'COSTA, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 21. LILLY JOHN, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 22. LATHA.K.P., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 23. A.N.LEELA, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 24. RADHA.M.D., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 25. BRIDGET.P.V., WPC 14147/05 HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 26. ALEYKUTTY.M.J., HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 27. VASANTHAKUMARI, HEAD NURSE, DISTRICT HOSPITAL, ERNAKULAM. 28. LEELA.K.C., HEAD NURSE, DISTRICT MEDICAL COLLEGE HOSPITAL, ERNAKULAM. 29. VASUMATHY.T., HEAD NURSE, DISTRICT MEDICAL COLLEGE HOSPITAL, TRICHUR. 30. SATHY.K.K., HEAD NURSE, DISTRICT MEDICAL COLLEGE HOSPITAL, TRICHUR. 31. ANNAMMA.M.M., HEAD NURSE, DISTRICT MEDICAL COLLEGE HOSPITAL, TRICHUR. 32. MARIAMMA.M.A., HEAD NURSE, DISTRICT MEDICAL COLLEGE HOSPITAL, TRICHUR. 33. SHAILANDRI.K., HEAD NURSE, DISTRICT HOSPITAL, PALGHAT. 34. ELIZABETH, HEAD NURSE, DISTRICT HOSPITAL, PALGHAT. 35. SANTHA.C., HEAD NURSE, DISTRICT HOSPITAL, PALGHAT. 36. SANTHAKUMARI.C., HEAD NURSE, DISTRICIT HOSPITAL, PALGHAT. 37. JANAKI.P.I., HEAD NURSE, DISTRICT HOSPITAL, PALGHAT. 38. ELSAMMA P.D., HEAD NURSE, DISTRICT HOSPITAL, PALGHAT. 39. SUMATHY T.M., HEAD NURSE, GOVERNMENT HOSPITAL, CALICUT. 40. M.V..FATHIMABAI, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. WPC 14147/05 41.THRESIAMMA ANTONY, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 42. P.D.THRESSIA, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 43. K.V.MARY, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 44. AMMINI.C.V., HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 45. AYISHAMMA KALLAI, HEAD NURSE, MEDICAL COLLEGLE HOSPITAL, TRIVANDRUM, 46. PADMINI AMMA.T., HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. 47. WILMET BAI, HEAD NURSE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC SRI.K.R.B. KAIMAL (SR) SRI. P.N.PURUSHOTHAMA KAIMAL. SRI.P.V.VENUGOPAL DR.K.P.KAILASANATHA PILLAI SRI.JOHN JOSEPH (ROY) GOVT. PLEADER SRI.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 14147/05 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE ORDER NO.EE1-10349/79/DHS/TRIVANDRUM DATED 20.2.1979. EXT.P2 - TRUE COPY OF THE ORDER NO.EE1-11406/97/DHS/ DATED 6.3.1997. EXT.P3 - TRUE COPY OF THE RELEVANT PORTION OF THE FINAL GRADATION LIST OF HEAD NURSES FOR THE PERIOD FROM 1.4.94 TO 31.12.97. EXT.P4 - TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL. EXT.P5 - TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL. EXT.P6 - TRUE COPY OF THE ORDER NO.ES3-77861/04/DHS(2) DATED 17.12.2004 ISSUED TO THE 1ST PETITIONER. EXT.P7 - TRUE COPY OF THE ORDER NO.ES3-77861/04/DHS(2) DATED 17.12.2004 ISSUED TO THE 2ND PETITIONER. EXT.P8 - TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.2.2005. EXT.P9 - TRUE COPY OF THE LETTER FILE NO.3909/SIC-GEN3/2006 DATED 19.5.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 14147 OF 2005-H ----------------------------------------- JUDGMENT The petitioners are Head Nurses. They along with respondents 3 to 40 were appointed as Staff Nurses by Ext.P1 order of the Director of Health Services dated 20.2.1979. In the said list, they are rank Nos.1 and 2. Later, when promotions were ordered by Ext.P2 order dated 6.3.1997 to the post of Head Nurse, they were ranked as 153 and 154. Still later, the Director of Health Services published Ext.P3 final gradation list of Head Nurses. In the said list also they were not given proper rank. They were given only rank Nos.865 and 866. The aggrieved petitioners filed Ext.P4 and P5 representations before the Director of Health Services. They pointed out that with reference to the rank in Ext.P1, many juniors have been included above them in the final seniority list Ext.P3. Their representations were rejected by Director by Exts.P6 and P7 communications. So, this writ petition was filed, challenging Exts.P2, P3, P6 and P7. 2. The grievance of the petitioners raised in the writ petition as well as in Exts.P4 and P5 representations is that when promotions were made to the cadre of Head Nurse, the seniority assigned to them in Ext.P1 Wpc 14147/2005 2 appointment order was not taken into account. The respondents pointed out that the Public Service Commission published separate rank-lists for different districts for appointment to the post of Staff Nurse. Separate advices were also made by the respective District Offices of the P.S.C., of candidates for appointment to that post. For convenience, a common appointment order was made, in which the respective dates of advice and the number of the advice memo were shown. The respondents also pointed out that going by the objections Exts.P4 and P5, the persons shown therein against whom the petitioners complain, are persons actually advised earlier, as evident from the date of their advices, which is reflected in Ext.P1. 3. Heard the learned counsel on both sides. I find that the grievance highlighted by the petitioners is imaginary. The rank-list has been prepared strictly going by the seniority as per Rule 27(c) of K.S. & S.S.R. The seniority of the incumbents has been arranged strictly with reference to the date of advice. The petitioners have failed to point out the case of even a single Head Nurse whose date of advice as Staff Nurse is later than that of them. The claim based on Ext.P1 is plainly untenable. Ext.P1 does not reflect the seniority. The petitioners happened to be in Thiruvananthapuram district and the appointments from Thiruvananthapuram were shown first in Ext.P1. Therefore, their names were shown in Ext.P1 order as rank Nos.1 Wpc 14147/2005 3 and 2. It does not reflect the date of advice of the petitioners or their consequential seniority position. In the result, I find no merit in the grievance raised by the petitioners. Accordingly, the writ petition is dismissed. 18th January, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/