Dismissed

K.P.Ambika v. State of Kerala

Kerala HC7 Nov 2019OP(KAT)/4645/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed writ petitions challenging the re-adjustment of seniority for two head nurses. The Court held that inter-district transfers were voluntary and correctly lowered their seniority to the joining date in Kottayam, rejecting claims for seniority protection from the earlier valid appointment.

What did the court decide?

The original petitions seeking protection of seniority are dismissed. Parties to suffer their respective costs.

K.P.Ambika Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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OP(KAT).No.4645 OF 2013(Z)

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AGAINST THE ORDER IN OA 2129/2013 DATED 24-09-2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/S:

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K.P.AMBIKA, AGED 48 YEARS

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W/O. SOMAN, HEAD NURSE (UNDER ORDERS OF REVERSION). GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM), RESIDING AT PERUVELIL HOUSE, NEENDOOR.P.O., KOTTAYAM-686601.

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BY ADV. SRI.K.P.RAJEEVAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-695011.

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3 DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM.

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4 PRINCIPAL, GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM-686008.

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5 THE SUPERINTENDENT

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GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM-686008.

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R1-5 BY GOVERNMENT PLEADER

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 07.11.2019, ALONG WITH OP(KAT).4657/2013(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT).No.4645 & 4657 OF 2013 ..2..

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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OP(KAT).No.4657 OF 2013

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AGAINST THE ORDER IN OA 2382/2013 DATED 23-10-2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/S:

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SHIRLY P.FERNANDEZ, AGED 48 YEARS W/O. JOHN PAUL, HEAD NURSE (UNDER ORDERS OF REVERSION), GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM, RESIDING AT KIZHAKKE KANDANATTIL, KOTHANALLOOR P.O., KOTTAYAM, PIN-686632.

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BY ADV. SRI.K.P.RAJEEVAN

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY ITS SECRETARY,

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HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.

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3 DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM-695001.

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4 PRINCIPAL, GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM-686008.

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5 THE SUPERINTENDENT

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GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM-686008.

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R1-R5 BY SR.GP SRI.ANTONY MUKKATH

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 07.11.2019, ALONG WITH OP(KAT).4645/2013(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT).No.4645 & 4657 OF 2013 ..3..

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JUDGMENT

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K.VINOD CHANDRAN,J.

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Both the original petitions project

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the same grievance. The dates are not very relevant, except for consideration of the aspect of seniority. Both the petitioners were

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appointed as Staff Nurse Gr.II in the Department of Health Services (DHS). Both of them applied for inter-departmental transfer and were granted that. Both of them joined at Kottayam Medical College on 28.05.2005 and 05.10.2001 respectively. It is an accepted position that on inter-district transfer by request, the incumbents lose their seniority and will be placed as the junior most in the

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cadre of the particular District.

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We also have to notice that at that

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point of time, the para-medical staff,

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OP(KAT).No.4645 & 4657 OF 2013 ..4..

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including Nurses even in the Medical Colleges were under the administrative control of the

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Director of Health services (DHS). Both were promoted as Staff Nurse Gr.I from 10.11.2008 including their service they rendered in Trivandrum, which they lost when they obtained inter-departmental transfer. This was a

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mistake which went unnoticed. Later, by Annexure-A1, there was a change, insofar as putting the para-medical faculty, including the Nurses also under the administrative charge of Director of Medical Education (DME). At that point of time Annexure-A1 was brought out, calling for options from the staff, earlier having service under the DHS; with their seniority protected. Both the

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petitioners submitted options to continue

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under the DME itself. Later, they were promoted as Head Nurse when continuing under the DME. It was based on the seniority from

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OP(KAT).No.4645 & 4657 OF 2013 ..5..

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the date of initial appointment, they were promoted as Head Nurse too.

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Some other persons continuing in the Medical College raised objections with respect to their position in the seniority list, which

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is produced along with the O.A. On

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consideration of the same, the impugned orders in the O.A were passed by the DME adjusting their seniority as on the date of their

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joining at Kottayam in the District of Kottayam. The petitioners challenged the same,

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which was rejected by the Tribunal.

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The learned Counsel for the

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petitioners submits that whatever be, the petitioners are not responsible for the

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promotion granted to them and even though by a

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mistake, they were promoted as Staff Nurse

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Gr.I on 10.11.2008. When they later, exercised option under Annexure-A1, they were entitled to protection of their seniority, which they

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OP(KAT).No.4645 & 4657 OF 2013 ..6..

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claimed from 10.11.2008 as a Staff Nurse Gr.I. In which circumstance, their promotion as Head Nurse also stands justified.

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We however are unable to agree with

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the contention raised. It is an admitted fact that the inter-district transfer was on the request made by the applicants. It is also revealed at the stage of the hearing before the Tribunal that on the objections being raised, a hearing was conducted by the DME and the contentions raised having been found in

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favour of the Nurses who objected to the

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seniority of the petitioners, an order was passed, re-assigning the petitioners'

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seniority in the Staff Nurse Gr.II from the respective dates of joining at Kottayam. They were also reverted in accordance with the

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correct assignment of seniority. There cannot

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be any objection raised on that count and we

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find that the objectors, who approached the

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OP(KAT).No.4645 & 4657 OF 2013 ..7..

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DME have also not been impleaded in the proceedings before the Tribunal. The protection of seniority, on the administrative changes can only be of the seniority enabled to the petitioners, and not one mistakenly conferred

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For all the above reasons, we do not

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find any ground to interfere with the order of the Tribunal and the original petitions are dismissed. Parties to suffer their respective

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costs.

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Sd/K.VINOD CHANDRAN JUDGE

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Sd/V.G.ARUN JUDGE

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SB/08/11/2019

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OP(KAT).No.4645 & 4657 OF 2013 ..8..

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APPENDIX OF OP(KAT) 4645/2013

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1		P1. TR 2013 I	UE COPY OF THE ORDER DATED 24-9- N O.A. NO. 2129/2013.
EXHIBIT P2		TRUE C WITH A	OPY OF O.A NO.2129/2013 TOGETHER NNEXURES
ANNEXURE A1	IN OA	A TRUE WITH 1 ISSUED	COPY OF ORDER DATED 25/10/1998 ST AND 2ND PAGE OF APPENDIX-I BY THE 1ST RESPONDENT
ANNEXURE A2	IN OA	A TRUE LETTER THE JO EDUCAT	COPY OF PAGE 1, 2 AND 5 OF AND SENIORITY LIST PUBLISHED BY INT DIRECTOR OF MEDICAL ION (M)
ANNEXURE A3	IN OA	A TRUE ISSUED	COPY OF ORDER DATED 30/3/2011 BY THE 2ND RESPONDENT
ANNEXURE A4	IN OA	A TRUE ISSUED	COPY OF ORDER DATED 5/9/2013 BY THE 2ND RESPONDENT
RESPONDENTS	EXTS	NIL

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OP(KAT).No.4645 & 4657 OF 2013 ..9..

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APPENDIX OF OP(KAT) 4657/2013

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER DATED 23-10-2013 IN O.A.NO. 2382/2013.

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EXHIBIT P2 TRUE COPY OF O.A.NO. 2382/2013 TOGETHER WITH ANNEXURES.

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ANNEXURE A1 IN OA A TRUE COPY OF ORDER DATED 25/10/1998 WITH 1ST AND 2ND PAGE OF APPENDIX I ISSUED BY THE 1ST RESPONDENT

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ANNEXURE A2 IN OA A TRUE COPY OF PAGE 1, 2 AND 5 OF LETTER AND SENIORITY LIST PUBLISHED BY THE JOINT DIRECTOR OF MEDICAL EDUCATION(M).

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ANNEXURE A3 IN OA A TRUE COPY OF ORDER DATED 30/3/2011 ISSUED BY THE 2ND RESPONDENT.

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ANNEXURE A4 IN OA A TRUE COPY OF ORDER DATED 5/9/2013 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P3 TRUE COPY OF ORDER DATED 24-9-2013 IN O.A.NO. 2129/2013.

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RESPONDENTS EXTS: NIL

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// TRUE COPY //

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P.A TO JUDGE

K.P.Ambika v. State of Kerala

Case brief

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What did the court decide?

K.P.Ambika v. State of Kerala

Case brief

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