IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25399 of 2010(Y) -------------------------- PETITIONER(S): --------------------- SYAMALA S.,HEAD NURSE, DISTRICT HOSPITAL,KOLLAM, RESIDING AT SHYLAM,KAIKULANGARA, KOLLAM-13. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICE, DEPARTMENT OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. ADDITIONAL DIRECTOR OF HEALTH SERVICE DEPARTMENT OF HEALTH SERVICES, (MEDICAL), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. 5. LEKHA SUKUMARAN, STAFF NURSE, DISTRICT HOSPITAL, KOLLAM. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25399 OF 2010 (Y) ===================== Dated this the 12th day of August, 2010 J U D G M E N T Petitioner was appointed in Kottayam District as a Staff Nurse through PSC and joined duty there on 11/12/92. She applied for an inter district transfer to Kollam. The request was allowed and she joined Kollam District on 24/12/97. Another Staff Nurse by name Smt.Lekha Sukumaran who was appointed in Kottayam District earlier than the petitioner also joined Kollam District on inter district transfer on 19/6/96. However, when seniority list of Nurses was fixed, petitioner was assigned Sl.No.321, whereas Smt.Lekha Sukumaran was assigned rank No.985. This was challenged before this Court in WP(C) No.21403/08 filed by Smt.Lekha Sukumaran and on the directions of this Court, the seniority was revised as per Ext.P6 and Smt.Lekha Sukumaran was assigned rank No.989 A and the petitioner was assigned Rank No.1930 A. Against that order, petitioner filed Ext.P7 appeal, which is now rejected as per Ext.P8. It is challenging Ext.P8, the writ petition is filed. 2. Admittedly, both the petitioner and Smt.Lekha WPC No. 25399/10 :2 : Sukumaran were transferred to Kollam district on applications made by them by way of inter district transfer. If that be so, both of them will be junior most in the transferred unit and Smt.Lekha Sukumaran having got inter district transfer earlier than the petitioner is obviously entitled to seniority over the petitioner. It is on that basis, seniority has been reassigned. It is precisely for that reason that the appeal filed by the petitioner has been rejected by Ext.P8. I see nothing illegal in the order. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp