IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 8275 of 2009(D) ------------------------- PETITIONER: --------------- ALL KERALA PUBLIC HEALTH NURSES ASSOCIATION, HAVING ITS REGISTERED OFFICE JOINT COUNCIL BUILDING, PRESS CLUB ROAD, TRIVANDRUM, REPRESENTED BY ITS GENERAL SECRETARY JOMY GEORGE. BY ADV. SMT.SANDHYA RAJU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, TRIVANDRUM. 2. MINISTRY OF FAMILY WELFARE AND HEALTH REPRESENTED BY THE PRINCIPAL SECRETARY, TRIVANDRUM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.8275 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T Petitioner is an association representing the Kerala State Public Health Nurses. This writ petition is filed seeking for a direction to the 2nd respondent to implement the decision taken as per Exhibit-P6 and for a further direction to dispose Exhibit-P4 representation. It is submitted that the members of the Association have been denied the right to acquire the criteria for promotion, as the Government is not conducting training to acquire the said qualification. On a comparison with Junior Health Inspector, the petitioner contends that those categories have lesser responsibilities, more facilities to undergo periodical training resulting in very good promotion chances. In the case of Junior Public Health Nurses as periodical training are not held they are denied their right to get further promotions. Petitioner alleges that when promotion avenues are denied that W.P ( C) No.8275 of 2009 2 will violate Articles 14 and 21 of the Constitution of India. It is also alleged that there is gender discrimination in the treatment meted out to them and Article 15 of the Constitution of India clearly prohibits discrimination on the grounds of religion, race , caste, sex or place of birth. 2. The learned counsel for the petitioner prayed that the detailed representation Exhibit-P7 may be directed to be considered, so as to redress the genuine grievance raised by the petitioner. In the result, the writ petition is disposed of directing the 2nd respondent to consider Exhibit-P7 and pass appropriate orders on its merits within a period of three months from the date of receipt of a copy of this judgment after hearing the petitioner Association. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.8275 of 2009 3 W.P ( C) No.8275 of 2009 4