IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 16061 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------ 1. K.P.PUSHPA, KATTILAPARAMBIL, W/O.SUBRAMANIAN, HEAD NURSE, ESI HOSPITAL, FEROKE. 2. BEENA K.K., W/O.KRISHNANKUTTY, HEAD NURSE, ESI HOSPITAL, FEROKE. 3. K.K.CHANDRI, W/O.P.RAJAN, HEAD NURSE, ESI HOSPITAL, FEROKE. BY ADV. SRI.A.K.ALEX RESPONDENT(S): ---------------------------- 1. DIRECTOR OF INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM - 14. 2. SECRETARY TO GOVERNMENT (LABOUR AND REHABILITATION DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010 ALONG WITH WPC.NO.33844 OF 2009 AND WPC.NO.35588 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16061/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RELEVANT PAGES OF ORDER NO.E5-12700/04/DIMS DTD. 21/06/2005 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF ORDER NO.E1-1455/04/EHF DTD. 9/`11/2004 OF THE SUPERINTENDENT ESI HOSPITAL, FEROKE. P3: COPY OF PROCEEDINGS NO.E5-12700/04/DIMS DTD. 3/09/2005 OF THE 1ST RESPONDENT. P4: COPY OF RELEVANT PAGES OF PROCEEDINGS NO.A3-27911/08/DIMS DTD. 17/02/2009 OF THE 1ST RESPONDENT. P5: COPY OF FIXATION OF PAY OF SMT. ASHALATHA A.K. CONSEQUENT TO HER PROMOTIONAS HEAD NURSE AS PER EXT.P1. P6: COPY OF ORDER NO.E5-7536/2009/DIMS DTD. 2/05/2009 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.16061 (C), 33844 (A) & 35588 (A) of 2009 --------------------------------- Dated, this the 24th day of June, 2010 J U D G M E N T Since the issue raised in these writ petitions is common, I shall refer to the facts as pleaded in WP(C) No.33844/2009. 2. The petitioners are working as Head Nurses in the Insurance Medical Service. Ext.P1 is the order of promotion. This order shows that the 12th petitioner was promoted with effect from 16/12/2000 and 6th & 9th petitioners were promoted with effect from 01/03/2002 and 01/07/2002 respectively. The remaining petitioners were promoted in the year 2001. On promotion, they joined the post of Head Nurse on different dates and were given benefits of the post of Head Nurse with effect from the date they joined the post. 3. Claim of the petitioners is that they are entitled to salary and allowances applicable to Head Nurses from the date of their promotion. In support of this contention, learned counsel relies on WP(C) Nos.16061, 33844 & 35588/2009 -2- Rule 23(c) of Part-I-KSR, Exts.P6, P7 & P8 orders. 4. Rule 23(c) as it stood then provided that promotion, which do not involve change of duties shall have effect from the date of promotion. Ext.P8 is a circular issued on behalf of the Director of Insurance Medical Services dated 03/09/2005. In this circular, it is stated that the Staff Nurses, who got promotion as Head Nurses, are entitled to monetary benefits from the date of their promotion. This is for the reason that the posts of Staff Nurse and Head Nurse are interchangeable posts. The petitioners also state that two persons, who were promoted along with them in Ext.P1, were given monetary benefits from the date of their promotion and this submission is made with reference to Exts.P6 & P7 orders. 5. In the counter affidavit filed, the stand taken by the respondents is that the petitioners' entitlement is only from the date on which they assumed charge. It is stated that Rule 23(c) has no relevance and what is relevant is Rule 23(a) of Part-I-KSR. Insofar as Exts.P6 & P7 are concerned, contention raised by the learned Government Pleader is that the benefits extended to the persons WP(C) Nos.16061, 33844 & 35588/2009 -3- mentioned therein are under review and are being corrected. 6. Specific case of the learned counsel for the petitioners is that at the time when they were promoted, the posts of Staff Nurse and Head Nurse were interchangeable, and that supervisory duties are conferred on Head Nurses only in 2008. It is stated that if the position at the time of their promotion is applied, as the posts of Head Nurse and Staff Nurse were interchangeable, they are entitled to the benefit of monetary benefits from the date of their promotion as Head Nurse. It is contended that this is the position which is reflected in Ext.P8. 7. In my view, in order to resolve the claim raised by the petitioners, a factual examination of the issues is called for. If it is seen that as on the dates when the petitioners were promoted, the posts of Staff Nurse and Head Nurse were interchangeable, they will have to be extended the benefit that are admissible under Ext.P8. Such an examination of these factual issues can be better done by the 1st respondent. 8. Therefore, I direct that the petitioners shall make an appropriate representation before the 1st respondent in this behalf, WP(C) Nos.16061, 33844 & 35588/2009 -4- in which event, the 1st respondent shall examine the claim duly adverting to Exts.P6, P7 & P8 orders referred to above and in the light of the facts as it stood at the time when the petitioners were promoted to the post of Head Nurse. If a representation is filed within three weeks from today, the matter shall be examined and orders thereon will be passed as directed above as expeditiously as possible, at any rate, within six weeks thereafter. The petitioners shall produce a copy of this judgment before the 1st respondent for compliance. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg