Dismissed

Moosan.K.P. and Another v. Director of Health Serivces and Another

Kerala HC12 Nov 2009WP(C)/6233/2009

Case brief

AI extract

What is this about?

The Court held that since the seniority list allowed for objections and a special cell was constituted to resolve grievances, the list lacked finality. Accordingly, the writs were disposed of by directing the petitioners to file objections before the Director, with a final decision to be made within 8 weeks.

What did the court decide?

Petitioners directed to file objections/appeals before the Director within 3 weeks; Special Cell to decide finally within 8 weeks.

Moosan.K.P. and Another Vs Director of Health… — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931

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WP(C).No. 6233 of 2009(Y) --------------------------------------

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PETITIONER(S):

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---------------------

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1. MOOSAN. K.P., NURSING SUPERINTENDENT GRADE II GOVERNMENT HOSPITAL, KUTHUPARAMBA ,KANNUR.

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2. VINODKUMAR. A NURSING SUPERINTENDENT GRADE II GENERAL HOSPITAL, THALASSERY, KANNUR.

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BY ADV. MR.P.C.SASIDHARAN

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RESPONDENT(S):

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------------------------

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1. DIRECTOR OF HEALTH SERIVCES OFFICE OF THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM.

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2. ADDITIONAL DIRECTOR OF HELATH SERVICES OFFICE OF THE ADDITIONAL DIRECTOR OF HEALTH SERVICES,THIRUVANANTHAPURAM.

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*** ADDL. R3 IMPLEADED**

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ADDL. R3: SUSHAMA. P., BASURAM, T.C.13/1178, RAJEEV GANDHI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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*** IMPLEADED, VIDE ORDER DATED 30/07/2009 IN I.A.9306/2009.**

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R1 & R2 BY GOVERNMENT PLEADER MR.P. NANDAKUMAR. ADDL. R3 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2009, ALONG WITH WPC NO. 17860 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6233/2009-Y

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE ORDER NO.EE1-28813/98/DHS DATED 28/03/1998.

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EXT.P2: COPY OF THE JUDGMENT IN WP(C) NO. 18904/2008.

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EXT.P3: COPY OF THE OBJECTION PREFERRED BY THE 1ST PETITIONER.

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EXT.P4: COPY OF THE OBJECTION PREFERRED BY THE 2ND PETITIONER.

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EXT.P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 1660/2009.

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EXT.P6: COPY OF THE RELEVANT EXTRACT OF THE FINAL SENIORITY LIST.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

rs.

ANTONY DOMINIC, J.

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---------------------------------------------------------

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W.P.(C) Nos.6233,17860,18100,18109 & 18115 OF 2009

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----------------------------------------------------------

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Dated this the 12^th day of November, 2009

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J U D G M E N T

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Issue raised in these writ petitions being common, these cases

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are heard and disposed of by this judgment. For sake of convenience, I shall refer the facts and exhibits in WP(c). No.6233/09.

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Ext.P6 is the proceedings of the Director of Health Services publishing the final seniority list of Head Nurses, for the period from 1.1.1998 to 28.3.2007. The challenge in all these writ petitions is against the said seniority list.

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Additional respondents in WP(c).No.17860/09 contend that as per the aforesaid seniority list, they are having seniority much higher to the writ petitioners and that in view of the pendency of the writ petitions and interim orders passed, their avenues for promotions are affected. On this basis, they seek variation of the interim order passed in that writ petition.

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However, the Government Pleader on instructions submit that after the publication of the final seniority list as above,

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WPC.No.6233 /09

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:2 :

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aggrieved persons like the petitioners were given opportunity to file their objections/appeals and that such objections/appeals were to be considered by the Director of Health Services. Petitioners also produced an order dated 10.9.2009 issued by the office of the Director of Health Services constituting a special cell for considering the grievances against Ext.P6 seniority list referred to above and calling upon the District Medical Officers to forward the objections that have been received against the seniority list.

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Therefore, it is evident that as at present, though Ext.P6 is styled as a final seniority list, the seniority list has not attained any finality and hence, it is not necessary to consider the challenge against the seniority. Therefore, at this stage, the appropriate order to be passed is to direct that the appeals/objections that have been filed against the seniority list mentioned above shall be considered by the Special Cell on an expeditious basis and with notice to the parties concerned. Accordingly, the writ petitions are disposed of as follows,.

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Having regard to the pendency of these writ petitions, it is directed that, it will be open to the petitioners in these writ petitions

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WPC.No.6233 /09

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:3 :

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to file objections/appeals against Ext.P6 seniority lists before the Director of Health Services, within 3 weeks from today. It is directed that once objections/ appeals are filed as above, the same shall be considered by the Special Cell with notice to the objectors/appellants and final decision on the seniority list shall be taken as expeditiously as possible and any any rate within 8 weeks thereafter. Further promotions if any will be made thereafter.

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(ANTONY DOMINIC) JUDGE

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vi/

Moosan.K.P. and Another v. Director of Health Serivces and Another

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Moosan.K.P. and Another v. Director of Health Serivces and Another

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