Allowed

Deepa P.S. v. Kerala Public Service Commission

Kerala HC3 Dec 2011WP(C)/27403/2010

Case brief

AI extract

What is this about?

Petitioners, selected for Junior Public Health Nurse Gr.II posts, approached the court alleging non-reporting of available vacancies by the District Medical Officer. The court directed the officer to report all vacancies in the specified cadre to the Commission within one month for appointment advisements.

What did the court decide?

Direction issued to the District Medical Officer to report all vacancies in Junior Public Health Nurse Gr.II to the Kerala Public Service Commission within one month.

Deepa P.S. Vs Kerala Public Service Commission — Pension and Retirement Benefits | Kerala HC (2011)

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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 C.K.ABDUL REHIM SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933

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WP(C).No. 27403 of 2010(A) --------------------------------------

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PETITIONERS:

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

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1. DEEPA P.S., W/O.RAJEEV KUMAR, AGED 29 YEARS, RESIDING AT KENATH HOUSE, KAZHANI, KAVASSERY P.O., ALATHUR, PALAKKAD - 678 543.

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2. SARITHA.K., AGED 24 YEARS, D/O.CHAMIKUTTY, RESIDING AT KANNATH (H), KOTTAPPURAM P.O., PALAKKAD.

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3. SAJITHA KRISHNA C.K., AGED 25 YEARS, RESIDING AT CHERINGAL HOUSE, ODUVANKADU, PERINGOTTU KURISSI POST, PALAKKAD- 678 574.

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4. CHAITHRA S., AGED 25 YEARS, D/O.K.K.NADESAN, RESIDING AT THEKKEDATH (H), AVALOOKKUNNU P.O., ALAPPUZHA.

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5. JAYASREE. B, D/O.RUGMANI, AGED 35 YEARS, RESIDING AT WEST HOUSE, NEELICHIRA, CHITTILANCHERRY P.O., PALAKKAD.

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6. SARITHA M.G., D/O.M.N.GOPALAKRISHNAN, AGED 24 YEARS, RESIDING AT MALIYEKKAL HOUSE, PAMPADY P.O., THIRUVILLWAMALA (VIA), THRISSUR DISTRICT.

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7. ASWATHI B., AGED 26 YEARS, D/O.BHASKARAN NAIR, RESIDING AT NAGAVALLI (H), MEMURY P.O., KOTTAYAM.

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8. BEENA.R., AGED 32 YEARS, RESIDING AT HARI NIVAS, PONNAMBLAKU, COYALMANNAM P.O., PALAKKAD.

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9. NISHA P.NAIR, AGED 33 YEARS, RESIDING AT SANTOSHI NIVAS, CHETHALLUR P.O., PALAKKAD.

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10. LETHA N.S., W/O.KRISHNADASAN P.R., AGED 28 YEARS, RESIDING AT PADINJAKKARA (H), PILAPULLY, PALAKKAD.

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11. DEEPA T.M., AGED 26 YEARS, RESIDING AT THAZHATHETHIL (H), THENUR P.O, PALAKKAD- 678 616.

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12. SMITHA.S., AGED 35 YEARS, W/O.SREEKUMAR.C., RESIDING AT CHOKKATTIL

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(H), KALLUVAZHI P.O., PALAKKAD.

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W.P.(C).NO.27403/2010-A:

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13. VASANTHA P., AGED 25 YEARS, RESIDING AT ELACHIVAZHI, CHAVADIYOOR P.O., AGALI (VIA), ATTAPPADY, PALAKKAD.

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14. SMITHA K.E., AGED 34 YEARS, RESIDING AT KIZHUVEETTIL (H), POONCHOLA P.O, POTTASSERY, PALAKKAD.

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15. VASANTHA KUMARI K.R., AGED 35 YEARS, W/O.PRABHAKARAN, RESIDING AT THEKKATTHUPARAMBIL, VILAYOOR P.O., PATTAMBI, PALAKKAD.

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16. NISHA JOSEPH P.J., AGED 29 YEARS, RESIDING AT KANNUMKULAMBI (H), POONCHOLA P.O., POTTASSERY, PALAKKAD.

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BY ADVS. SMT.REKHA VASUDEVAN, SMT.MINI.V.A, SMT.VINEETHA B.

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RESPONDENTS:

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

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1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.

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2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD.

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3. THE DISTRICT MEDICAL OFFICER (HEALTH), DISTRICT MEDICAL OFFICE, PALAKKAD.

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4. THE DIRECTOR, DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM.

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5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM.

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R1 & R2 BY SRI.P.C.SASIDHARAN, SC, KPSC, R3 TO R5 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.27403/2010-A:

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APPENDIX

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PETITIONERS' EXHIBITS:-

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EXT.P.1: COPY OF THE RANKED LIST FOR THE POST OF JUNIOR PUBLIC HEALTH NURSE GRADE II DTD. 26/08/2009.

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EXT.P.2: COPY OF THE APPLICATION DTD. 29/06/2010 SUBMITTED BY THE P.10 TO THE R.3.

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EXT.P.3: COPY OF THE LETTER NO. D2/8831/2010 DTD. 27/07/2010 ISSUED BY THE R.3.

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EXT.P.4: COPY OF THE APPLICATION DTD. 26/08/2010 SUBMITTED BY THE P.10 UNDER THE RIGHT TO INFORMATION ACT.

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EXT.P.5: COPY OF THE LETTER NO. F.W.A.4-73690/10/H.D.D. DTD. 06/10/2010 ISSUED TO THE P.10.

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EXT.P.6: COPY OF THE RELEVANT PAGES OF THE APPOINTMENT CHART FOR THE POST OF JUNIOR PUBLIC HEALTH NURSE GRADE II.

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EXT.P.7: COPY OF THE RELEVANT PAGES OF THE APPOINTMENT CHART FOR THE POST OF JUNIOR PUBLIC HEALTH NURSE GRADE II.

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EXT.P.8: COPY OF THE G.O.(P).NO.262/2009/FIN. DT.D 04/07/2009 ISSUED BY THE FINANCE (EXPENDITURE) DEPARTMENT.

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EXT.P.9: COPY OF THE ORDER NO. EH1-53905/11/DHS DTD. 27/09/2011 ISSUED BY THE R.4.

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EXT.P.10: COPY OF THE APPLICATION SUBMITTED BY THE P.10.

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EXT.P.11: COPY OF THE LETTER NO. FWA4-84545/11/DHS DTD. 02/11/2011.

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EXT.P.12: COPY OF THE JUDGMENT DTD. 21/02/2011 IN W.P.(C).NO.1860/2011 OF THIS HONOURABLE COURT.

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EXT.P.13: COPY OF THE ORDER NO. FWA4-57685/09/DHS DTD. 04/07/2011 BY THE ADDITIONAL DIRECTOR OF HEALTH SERVICES.

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RESPONDENTS' EXHIBITS:-

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EXT.R3.A: COPY OF THE ORDER NO.GO.(MS).NO.607/2008/H & SWD, THIRUVANANTHAPURAM, DTD. 22/12/08.

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EXT.R3.B: COPY OF THE ORDER NO. FWA4/57685/2009/DHS DTD. 13/10/2009.

//TRUE COPY//

P.A. TO JUDGE

Prv.

C.K.ABDUL REHIM, J.

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W.P.(C) No.27403 of 2010

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Dated this the 3^rd day of December, 2011

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J U D G M E N T

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Petitioners are candidates selected for appointment to the post of Junior Public Health Nurses Gr.II in Palakkad District, as per Ext.P1 Rank List published by the 1^st respondent. Grievance voiced in this writ petition is about non-reporting of existing vacancies of Junior Public Health Nurse Gr.II under the 3^rd respondent. The petitioners pointed out that as per Ext.P3, information was received from the 3^rd respondent that there exist 8 vacancies in the post in question. It is further contended that as per Ext.P3 it was revealed that 51 vacancies may arise on promotion being effected to the post of Junior Public Health Nurse Gr.I. In such case there would be further vacancies available, is the contention. Alleging that the non-reporting of available vacancies will cripple the chances of the

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W.P.(C).27403/10

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petitioners to be advised for appointment, this writ petition is filed seeking direction for reporting of all existing vacancies as well as the anticipating vacancies to the 1^st respondent.

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In the counter affidavit filed on behalf of the 3^rd respondent it is stated that the post of Junior Public Health Nurse Gr:I and II are interchangeable and against the sanctioned strength of 342 posts of Junior Public Health Nurse Gr.II, 378 persons are working at present. The excess 36 persons are adjusted against the number of posts available in the cadre of Junior Public Health Nurse Gr:I. It is contended that out of 515 number of vacancies of Junior Public Health Nurse Gr:I & II, 506 posts are occupied at present, in both the cadre. Therefore only 9 vacancies are left open as on 5.10.2010. It is further stated that out of the 9 vacancies, 5 numbers are reported as NCA by the 1^st respondent and only 4 vacancies are left unreported.

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The petitioners had brought to the notice of this court Ext.P12 Judgment in W.P(C). 1860/11 dt.21.2.2011, in which a direction was issued to the 3^rd respondent to

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W.P.(C).27403/10

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complete the process of deploying excess hands to various districts and to determine and report the available vacancies to the 1^st respondent, as early as possible, at any rate before the expiry of Ext.P1 rank list. The petitioners further pointed out that by virtue of Ext.P13 proceedings of the 4^th respondent (Order No.FWA4-57685/09/DHS dt. 4.7.2011) 39 numbers of Junior Public Health Nurses in both the grades have already been deployed to other districts and there are resultant vacancies arisen. Apart from that it is pointed out that by virtue of unification of the date of retirement 3 supernumerary posts were already created in the district as evident from Ext.P9 and P11. It is the complaint of the petitioner that in spite of all such vacancies arising the respondents 3 and 4 are taking lethargic attitude in reporting available vacancies for appointment from Ext.P1 rank list.

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I do not think an adjudication regarding exact number of vacancies available to be reported need not be undertaken in this writ petition. Under the given circumstances I am of the opinion that interest of justice

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W.P.(C).27403/10

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will be served if a direction is issued to the 3^rd respondent to report all the vacancies available in the cadre of Junior Public Health Nurse Gr:II in Palakkad district to the 1^st respondent for effecting appointment from Ext.P1 list at the earliest possible.

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The needful in this regard shall be done within one month from the date of receipt of a copy of this judgment. Needless to say that the 1^st respondent shall take effective steps for advising candidates as and when such report of vacancies is received.

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The writ petition is disposed of with the above directions.

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Sd/- C.K.ABDUL REHIM, JUDGE.

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Okb

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True copy

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P.A to Judge

Deepa P.S. v. Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

Deepa P.S. v. Kerala Public Service Commission

Case brief

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What did the court decide?

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