Kerala High Court
Prasanna.R vs State Of Kerala Represented By The on 29 March, 2010
Author: C.T. Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10600 of 2010(Y)
1. PRASANNA.R, STAFF NURSE,
... Petitioner
2. SHERIFA BEEVI.P.A.,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HEALTH SERVICE,
3. SUPERINTENDENT,
For Petitioner :SRI.VIJU ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :29/03/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO. 10600 OF 2010
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Dated this the 29th day of March, 2010
JUDGMENT
The petitioners are Staff Nurses working, at present, in Taluk Headquarters Hospital, Thiruvalla. Three shift duty system was implemented in the said hospital and it was in force during the period 2006-2008. Subsequently, the same was dispensed with. At the same time, in certain other hospitals the same system is being followed even now. In similar circumstances, certain petitioners working in certain other hospitals approached this Court by filing O.P.Nos.6842/1990 and 9584/1999. Exts. P1 and P3 are the respective judgments in those cases. It is obvious from Ext.P2 and P4 to P6 that pursuant to the directions in Ext.P1 and P3 judgments, the three shift duty system was restored in those hospitals. An observation of this Court in the context of the contentions of the petitioners in Ext.P1 judgment assumes relevance. It reads thus:
"Be that as it may in the above situation, we allow this petition and direct the respondents 1 to 3 to take all necessary and required steps to implement the three shift system already made applicable to the medical hospitals referred to in paragraph 4 and other Medical College Hospitals referred to in paragraph 5, almost forthwith without loss of further time to the Women and Children Hospital, Mattancherry on or before December 31, 1994. Needless to state that other similarly situated medical hospitals would also W.P.(C) NO.10600/2010 2 be looked after in the same spirit by the present respondents, not requiring them to approach this court for this purpose any more."
2. Feeling aggrieved by the inaction on the part of the respondents to restore the three shift duty system in the Taluk Headquarters Hospital, Thiruvalla in the light of the aforesaid Ext.P1 judgment, the petitioners submitted Ext.P7 representation before the Government. Their grievance is that so far no orders have been passed thereon.
3. As observed earlier, pursuant to Ext.P1 and P3 judgments, the respondents have considered the claims of the petitioners therein and favourable orders were issued as obvious from Exts.P2, P4 to P6. In the said circumstances, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P7 representation submitted by the petitioners in the light of Exts.P1 and P3 judgments expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
(C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.10600/2010 3 C.T. RAVIKUMAR, J.
W.P.(C). NO.10600/2010 JUDGMENT 29th March, 2010