S PONNATHAL Vs. DIRECTOR OF MEDICAL

JUDGEMENT

(1.) BY consent of parties, the writ petition itself is taken up for final disposal.

(2.) THE writ petitioner was working as a Staff Nurse, in the respondent Department. When there was a promotional opportunity, from the post of Staff Nurse to Nursing Superintendent Grade III, this petitioner was considered for promotion and promoted as Nursing Superintendent Grade III and posted as such in Government Hospital, Karaikudi, as per the proceedings dated 11. 07. 2003. Subsequently, by regular inspection or otherwise, the department felt that the promotion given to the petitioner, as Nursing Superintendent Grade III, is not proper, since the service of the petitioner was taken from 17. 09. 1973, though a fresh appointment was given to her with effect from 25. 03. 1976. In this view, taking into consideration, that the petitioner is not entitled to be promoted as Nursing Superintendent Grade III, by the impugned order dated 19. 05. 2005, she was reverted as a Staff Nurse immediately and posted at Government Head Quarters Hospital, Virudhunagar, which is under challenge in this writ petition. Further, it is also ordered that the excess pay and allowances drawn by her from 18. 07. 2003 i. e. her date of promotion as Nursing Superintendent Grade III till the date of reversion as Staff Nurse should be recovered and remitted into the Government Treasury immediately.

(3.) HEARD Mr. Veerakathiravan, learned counsel for the petitioner and Mr. V. Arun, learned Government Advocate for the respondent.