T.R. Sheela, Junior Public Health vs The Secretary, Health and Family

S. Siri Jagan, J.—The Petitioner is working as Junior Public Health Nurse Grade I. She entered service on provisional basis on 18.7.1986. She filed W.P.(C). No. 8017/2006 seeking regularization of her provisional service and service benefits on that basis. By Ext.P1 judgment, the Respondent was directed to consider the representation filed by the Petitioner. The Petitioner was later regularised in service by Ext.P2 order dated 22.7.2008, with effect from 28.4.1993, wherein it was stated that the provisional service of the Petitioner, except for the period from 8.3.1988 to 19.4.1988 and the period from 1.3.1992, would be reckoned for sanctioning increment and consequential service benefits. Subsequently, Ext.P3 seniority list was published, in which, Petitioner''s date of appointment was shown as 28.4.1993. The Petitioner has filed this writ petition, challenging Ext.P3 on the ground that the Petitioner''s date of appointment should have been 18.7.1986 and not 28.4.1993, seeking seniority on that basis. The Petitioner, therefore, seeks the following reliefs;

(i) to issue a writ of certiorari, call for the records relating to Ext.P3 and quash it.

(ii) to issue a writ of mandamus or any other appropriate writ, order of direction directing the Respondent to consider and dispose of Ext.P4.

(iii) to direct the Respondent to give seniority on the basis of her date of first appointment shown in Ext.P2 and alter the rank number given in Ext.P3 on the basis of her date of first appointment.

(iv) to direct the Respondent to promote Petitioner as Lady Health Inspector taking into account Petitioner''s date of first appointment shown in Ext.P2.

(v) to stay Ext.P3 seniority list till that list is altered taking into account Petitioners (sic) date of first appointment."

I have heard the learned Government Pleader also.

The Petitioner is not entitled to the reliefs prayed for more than one reason. First of all the Petitioner is guilty of unexplained delay and laches. Ext.P3 seniority list was published as early as on 15.5.2007. The Petitioner has filed this writ petition only on 26.11.2010 challenging Ext.P3. Therefore, the Petitioner is guilty of unexplained delay and laches. Apart from that, it is settled law that seniority has to be counted from the date of regular appointment and not from the date of provisional appointment. The fact that part of the Petitioner''s provisional service has been reckoned for sanctioning increments does not automatically mean that for the purpose of seniority, the provisional service should be counted. Seniority can be reckoned only from the date of entering regular service. Therefore, there is no merit in the contention of the Petitioner that the Petitioner''s date of appointment should have been 18.7.1986, which is the date of her provisional appointment only.

For all the above reasons, the Petitioner is not entitled to the w.p.c.35510/10 3 reliefs prayed for in this writ petition. Accordingly, the same is dismissed.