Petitioners challenging seniority adjustments after voluntary inter-district transfer. Held: Relief granted to objectors based on transfer date is valid. No ground to interfere with Tribunal order. Petitions dismissed.
Original petitions dismissed. Parties to suffer their respective costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
OP(KAT).No.4645 OF 2013(Z)
AGAINST THE ORDER IN OA 2129/2013 DATED 24-09-2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
K.P.AMBIKA, AGED 48 YEARS
W/O. SOMAN, HEAD NURSE (UNDER ORDERS OF REVERSION). GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM), RESIDING AT PERUVELIL HOUSE, NEENDOOR.P.O., KOTTAYAM-686601.
BY ADV. SRI.K.P.RAJEEVAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-695011.
GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM-686008.
R1-5 BY GOVERNMENT PLEADER
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:
OP(KAT).No.4645 & 4657 OF 2013 ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
OP(KAT).No.4657 OF 2013
AGAINST THE ORDER IN OA 2382/2013 DATED 23-10-2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
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.
BY ADV. SRI.K.P.RAJEEVAN
RESPONDENT/S:
REPRESENTED BY ITS SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
R1-R5 BY SR.GP SRI.ANTONY MUKKATH
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:
OP(KAT).No.4645 & 4657 OF 2013 ..3..
JUDGMENT
K.VINOD CHANDRAN,J.
Both the original petitions project
the same grievance. The dates are not very relevant, except for consideration of the aspect of seniority. Both the petitioners were
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
cadre of the particular District.
point of time, the para-medical staff,
OP(KAT).No.4645 & 4657 OF 2013 ..4..
including Nurses even in the Medical Colleges were under the administrative control of the
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
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
petitioners submitted options to continue
under the DME itself. Later, they were promoted as Head Nurse when continuing under the DME. It was based on the seniority from
OP(KAT).No.4645 & 4657 OF 2013 ..5..
the date of initial appointment, they were promoted as Head Nurse too.
is produced along with the O.A. On
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
joining at Kottayam in the District of Kottayam. The petitioners challenged the same,
which was rejected by the Tribunal.
petitioners submits that whatever be, the petitioners are not responsible for the
promotion granted to them and even though by a
mistake, they were promoted as Staff Nurse
Gr.I on 10.11.2008. When they later, exercised option under Annexure-A1, they were entitled to protection of their seniority, which they
OP(KAT).No.4645 & 4657 OF 2013 ..6..
claimed from 10.11.2008 as a Staff Nurse Gr.I. In which circumstance, their promotion as Head Nurse also stands justified.
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
favour of the Nurses who objected to the
seniority of the petitioners, an order was passed, re-assigning the petitioners'
seniority in the Staff Nurse Gr.II from the respective dates of joining at Kottayam. They were also reverted in accordance with the
correct assignment of seniority. There cannot
be any objection raised on that count and we
find that the objectors, who approached the
OP(KAT).No.4645 & 4657 OF 2013 ..7..
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
For all the above reasons, we do not
find any ground to interfere with the order of the Tribunal and the original petitions are dismissed. Parties to suffer their respective
costs.
Sd/K.VINOD CHANDRAN JUDGE
Sd/V.G.ARUN JUDGE
SB/08/11/2019
OP(KAT).No.4645 & 4657 OF 2013 ..8..
APPENDIX OF OP(KAT) 4645/2013
PETITIONER'S/S EXHIBITS:
| 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 |
OP(KAT).No.4645 & 4657 OF 2013 ..9..
APPENDIX OF OP(KAT) 4657/2013
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DATED 23-10-2013 IN O.A.NO. 2382/2013.
EXHIBIT P2 TRUE COPY OF O.A.NO. 2382/2013 TOGETHER WITH ANNEXURES.
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
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).
ANNEXURE A3 IN OA A TRUE COPY OF ORDER DATED 30/3/2011 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A4 IN OA A TRUE COPY OF ORDER DATED 5/9/2013 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF ORDER DATED 24-9-2013 IN O.A.NO. 2129/2013.
RESPONDENTS EXTS: NIL
// TRUE COPY //
P.A TO JUDGE
3 issues framed by the court
Whether the petitioners can claim seniority and promotion dates from 2008 despite a voluntary inter-district transfer?
Whether the Tribunal's order downgrading seniority relief was correct under the circumstances?
Whether the Court should interfere with the Tribunal's decision regarding seniority adjustments for nurses?
K.Ambika
M.K.P.Rajeevan
Shirly P.Fernandez
Anthony Mukkath
State of Kerala
Director of Medical Education, Thiruvananthapuram
K.Vinod Chandran
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
