IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19381 of 2009(P) -------------------------- PETITIONER: ------------------ K.P.RAPHEAL W/O.SKARIA, STAFF NURSE, C.H.C VENGOLA ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENTS: ---------------------- 1. THE DISTRICT MEDICAL OFFICER O/O.THE DISTRICT MEDICAL OFFICER TALUK HEAD QUARTERS HOSPITAL, FORT KOCHI. 2. THE DIRECTOR OF HEALTH SERVICES O/O.THE DISTRICT MEDICAL OFFICER THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH SERVICES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.C. No. 19381 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 10th day of July 2009. JUDGMENT The petitioner is presently working as Staff Nurse in the Community Health Centre at Vengola in Ernakulam District. She entered service on advice by the Kerala Public Service Commission on 29.05.1986. Prior to that, she had rendered provisional service as Staff Nurse during the period from 24.09.1984 to 24.09.1985. Reckoning the said service, she was granted time bound higher grade promotions on completion of 10 years and 18 years of service. However, the third time bound higher grade promotion on completion of 23 years service was not granted to her on the ground that the provisional service rendered by her prior to regular appointment cannot be reckoned for the said purpose. Aggrieved thereby the petitioner has filed Ext.P1 representation before the Secretary to Government, Health and Family Welfare Department. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to grant her the third W.P.C. No. 19381 OF 2009 2 time bound higher grade promotion on completion of 23 years of service reckoning the provisional service also, as was done when the first and second time bound higher grade promotions were granted. In the alternative, she seeks a writ in the nature of mandamus commanding the Government of Kerala to take a decision on Ext.P1 representation within a time limit to be fixed by this Court, in the light of the dictum laid down by this Court in Jose Jacob v. State of Kerala (1998(2)KLT 873). 2. The pleadings disclose that aggrieved by the denial of third time bound higher grade promotion, the petitioner has moved the Government by submitting Ext.P1 representation. The Government are yet to take the decision in the matter. In such circumstances, I am of the opinion that it will be premature for this Court to consider the merits of the petitioner's claim at this stage. However, since the petitioner has moved the Government by submitting Ext.P1 representation and the said representation has been pending for the past six months, I am of the opinion that Government should consider the request made by her in Ext.P1 representation and pass orders thereon expeditiously. W.P.C. No. 19381 OF 2009 3 I accordingly dispose of this writ petition with a direction to the Secretary to Government, Health and Family Welfare Department to consider the request made by the petitioner in Ext.P1 representation and take a decision thereon expeditiously and in any event within four months from the date on which the petitioner produces a certified copy of this judgment before him along with a copy of the judgment of this Court in Jose Jacob v. State of Kerala (1998(2) KLT 873). Needless to say the Government shall also afford the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN JUDGE kkms/