Sadasivan vs The State Of Kerala Represented By … on 8 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13760 of 2009(L)


1. SADASIVAN, S/O. RAGHAVAN, AGED 50 YEARS,
                      ...  Petitioner
2. SOPHY K.M. W/O. MATHEWS, AGED 46 YEARS,
3. P.R.PUSHPAVALLY, W/O. T.K. RAJENDRAN  -

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF HEALTH SERVICES,

3. THE DISTRICT MEDICAL OFFICER (HEALTH),

4. THE DISTRICT MEDICAL OFFICER (HEALTH)

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :08/06/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                       -------------------------------------
                        W.P.(C)No.13760 of 2009
                      --------------------------------------
                           Dated 8th June, 2009

                                 JUDGMENT

Heard Sri.M.Sajjad, the learned counsel appearing for the

petitioners and Smt.Anu Sivaraman, the learned Senior Government

Pleader appearing for the respondents.

2. Petitioners 1 and 2 are Grade I Staff Nurses and the

third petitioner is a Head Nurse. They are aggrieved by Ext.P15 order

dated 4.10.2008 issued by the Director of Health Services, revising the

promotions effected to the category of Staff Nurse Grade I. By

Ext.P15, the petitioners have been assigned dates later than the dates

on which they were promoted to the category of Staff Nurse Grade I.

The petitioners state that aggrieved by Ext.P15 and in terms of the

stipulations therein that any omissions/corrections should be brought

to the notice of the Director of Health Services within 20 days, they

have filed Exts.P16, P16(a) and P16(b) representations. In this writ

petition, the petitioners inter alia pray for a direction to the Director of

Health Services to consider the grievance voiced by them in Exts.P16,

P16(a) and P16(b) represenations and pass orders thereon within a

time limit to be fixed by this Court.

WP(C).No.13760/2009 2

3. The petitioners state that Ext.P16, P16(a) and P16(b)

representations have been filed in terms of the stipulations in Ext.P15

itself and that the Director of Health Services is therefore bound to

consider the same and pass orders thereon. Ext.P15, no doubt states

that “any omissions/corrections occurred in this list should be brought

to the notice of the undersigned with proper documents within 20

days.” It appears to me on a plain reading of Ext.P15 that the Director

has given the persons named therein an opportunity to object to any

omission/correction in the list appended to Ext.P15. Whether the

grievance voiced by the petitioners falls in the realm of

omission/correction in the list appended to Ext.P15 is a matter for the

Director of Health Services to decide, at least in the first instance.

I accordingly dispose of this writ petition with a direction to

the Director of Health Services to consider whether Exts.P16, P16(a)

and P16(b) representations are maintainable in the light of the

aforesaid stipulation in Ext.P15 and pass orders thereon within six

weeks from the date on which the petitioners produce a certified copy

of this judgment along with a copy of this writ petition before him. If

the petitioners are aggrieved by the order passed by the Director of

Health Services or by the rank and seniority assigned to them in the

list appended to Ext.P15, it will be open to them to move the

WP(C).No.13760/2009 3

Government in appeal as provided under Rule 27B of Part II of the

Kerala State and Subordinate Services Rules. The Director of Health

Services shall before passing orders as directed above also afford the

petitioners a reasonable opportunity of being heard.

P.N.RAVINDRAN
Judge

TKS