V.S. PHILOMINA Vs. K. VIJAYALAKSHMI AND ORS.

JUDGEMENT

(1.) THE petitioner is the 3rd respondent in O.A. No. 1328/2012 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram. The said Original Application was filed by the 1st respondent herein, seeking an order to set aside Annexure A1 Government order dated 14/5/2007 in toto and Annexure A8 Government order dated 2/2/2012 and Annexure A9 order dated 28/10/2011 of the Additional Director of Health Services (Medical) to the extent they promote the petitioner to the post of Nursing Superintendent Grade -II and assign higher seniority to her in the category of Head Nurse, respectively. The 1st respondent has also sought a declaration that the petitioner is not entitled to promotion to the category of Nursing Superintendent Grade -II in preference to her, and also an order directing respondents 2 and 3 herein, the State and the Director of Health Services, to promote her to the category of Nursing Superintendent Grade -II with retrospective effect from 2/2/2012, the date on which Annexure A8 order was issued promoting the petitioner as Nursing Superintendent Grade -II.

(2.) THE Tribunal by Exhibit P5 order dated 25/1/2013 allowed O.A. No. 1328/2012 quashing Annexure A1 Government order dated 14/5/2007. The Tribunal has also quashed Annexure A8 Government order dated 2/2/2012 and Annexure A9 letter dated 28/10/2011 of the Additional Director of Health Services (Medical) to the extent they concern the petitioner. The Tribunal further ordered that the 1st respondent shall be treated as senior to the petitioner in all grades from Staff Nurse Grade -I onwards. It is aggrieved by Exhibit P5 order passed by the Tribunal the petitioner is before us in this O.P.(KAT).

(3.) THE petitioner joined the Health Services Department as Staff Nurse Grade -II on 21/7/1986, as per order dated 11/7/1986 of the District Medical Officer, Ernakulam. Her probation in that cadre was declared with effect from 5/8/1988, by Exhibit P6 proceedings dated 17/10/2005 of the District Medical Officer, Ernakulam. By Government order dated 27/6/1989, she was granted Leave Without Allowances to take up employment abroad, for a period of five years from the date of avail after the date of order, subject to the terms and conditions stipulated in Appendix XIIA of Part I Kerala Service Rules (hereinafter referred to as 'KSR'). She availed Leave Without Allowances for 5 years, with effect from 28/6/1989. However, she returned in July, 1991 and requested to cancel the unavailed portion of the sanctioned leave and to permit her to join duty with effect from 15/2/1992. Thereafter, by proceedings of the 3rd respondent dated 31/1/1992 she was permitted to rejoin duty pending cancellation of unavailed portion of leave by the Government and the District Medical Officer of Health, Ernakulam, was directed to issue suitable posting. Accordingly, she joined the post of Staff Nurse Grade II at General Hospital, Njarakkal, on 2/3/1992.