YESODHARI DEVI M. G. Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petition was preferred by the appellant herein seeking a writ of mandamus directing the respondents to assign the seniority to the petitioner with effect from 14.02.1989 by extending the benefit of Ext.P4 and to grant all other consequential benefits. She has also sought for a declaration that she is entitled to retain her original seniority with effect from the date of her advice in the light of Ext.P4 government order and also for other consequential releifs. Learned single judge found no reason to grant the reliefs prayed for placing reliance on he judgment of this court in Shaji Lukose v. State of Kerala and others (2007 (1) KLT 679). Learned Government Pleader submitted that the decision which is applicable to this case is Sreekala v. State of Kerala (2007(1) KLT 903) and not the decision n Shaji's case.

(2.) Petitioner was appointed Staff Nurse in the Health Service Department and she joined duty on 25.03.1989. After the lapse of one year she had availed of leave without allowance for a period of five years in order to take up employment as staff Nurse in Iraq. After a few months due to Iraqi war she had left the country and sought permission to rejoin duty canceling the unavailed portion of the leave. She was permitted to rejoin duty on 18.02.1991. Later probation of the petitioner was declared with effect from 24.03.1993 and a preliminary gradation list was issued by the Director of Health Services on 18.07.1995 for the period from 01.01.1978 to 06.07.19990 and the petitioner was assigned rank No.3268, but her name was not included in the subsequent final seniority lists issued as per order No. ES 3/121541/01 by the second respondent on 30.07.2002, 24.12.2002 and 26.08.2003.

(3.) Petitioner later noticed that her juniors were included in the final seniority list, One P.P. Lakshmi who also availed of leave without allowances during the period from 16.04.1990 to 19.03.1991 and rejoined duty like petitioner had been included in the above seniority list and her seniority was reckoned taking into account the entire service including the period of leave without allowance with effect from the date of her advice. Same treatment was not meted out to the petitioner. Consequently she filed representation requesting to assign seniority with effect from 14.02.1989, the date of her advice without excluding the period of leave without allowances for the period form 14.05.1990 to 17.02.1991. Petitioner has also prayed the Government to invoke Rule 39 of the KS & S.S.R. and to grant all the benefits. Petitioner claimed the benefit of G.O.(P) 616/03/Fin dated 19.11.2003.