IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 8040 of 2010(D) ------------------------- PETITIONER(S): --------------- 1. PRABHAKUMARI, AGED 42 YEARS, W/O.PRADEEPKUMAR,P.P.HOUSE,CHIRAKKANI,CHENTHIPOORU VENKODU PO, VATTAPPARA,THIRUVANANTHAPURAM, (WORKING AS STAFF NURSE GR.I,DISTRICT HOSPITAL, KANNUR). 2. MOHANA.C, W/O.BABU, AGED 48 YEARS, LALBA SADANANA, NJANDOORKONAM,POUDIKONAM PO, THIRUVANANTHAPURAM(WORKING AS STAFF NURSE GR.I, DISTRICT HOSPITAL, KANNUR). 3. SHEEJA, W/O.SANTHOSH, VALIYAVEEDU, ANAYARA PO, THIRUVANANTHAPURAM(WORKING AS STAFF NURSE GR.I, CHC, IRIVERY, KANNUR). BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, HEALTH DIRECTORATE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 8040 OF 2010 -------------------------------------------- Dated this the 11th day of March, 2010 JUDGMENT The petitioners were directly recruited as Staff Nurses under the Health Services Department in Thiruvananthapuram District. Presently, they are working under the Medical Education Department. Subsequently, the Government issued orders abolishing the duel control system of hospital staff under the Health Services Department and in terms of the said orders those who wanted to continue or come over to the Medical Education had to exercise their option. The petitioners did not exercise their option in terms of the said orders. Now, the petitioners have been transferred to Kannur District as per Exts.P2 and P3 orders. It is challenging Exts.P2 and P3 that this Writ Petition is filed. 2. According to the petitioners, they are seniors in the category of Staff Nurse and hence, they are entitled to continue in Thiruvananthapuram District. It is contended that in similar circumstances, this Court as per Exts.P11 and P12 judgments directed the second respondent therein to consider whether those petitioners could be W.P.(C) NO.8040/2010 2 accommodated in Thiruvananthapuram District itself, considering the fact that they are seniors. There was a further direction in Ext.P12 judgment to consider whether the benefit of Clause C of Ext.P7 can be extended to the petitioner therein. 3. Learned counsel for the petitioners submitted that the petitioners are also entitled to get the benefit of Clause 1(C) and Clause of 2 of Ext.P6. Considering the fact that in similar circumstances, this Court had passed Exts.P11 and P12 judgments, there will be a direction to the second respondent to consider the claim of the petitioners to accommodate them in the existing vacancies in Thiruvananthapuram District extending the benefit of Clause 1(C) and Clause of 2 of Ext.P6. Needless to say, while considering the same, due regard should be given to their seniority as well. Orders in this regard shall be passed within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO.8040/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO.8040/2010 JUDGMENT 11th March, 2010