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2023 Supreme(Ker) 963

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State Of Kerala, Represented By Its Secretary To Government, Health And Family Welfare Department, Secretariat, Thiruvananthapuram, Kerala – Appellant
Versus
Lathiamma. P. R, W/o Premkumar. P – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sr.Government Pleader Mr.Saigi Jacob Palatty
For the Respondent: M.C.Siny

JUDGMENT :

Shoba Annamma Eapen, J.

The above original petition is filed by the State challenging Ext.P4 order of the Kerala Administrative Tribunal, Thiruvananthapuram dated 24.05.2022 in O.A.No.1322/2016 holding that the applicant is entitled to get her seniority in the cadre of Staff Nurse Grade-II reckoned with effect from 17.2.2003, the date of her advice for appointment.

2. The issue which arises for consideration in this original petition is whether the respondent, who secured a district-wise appointment, transferred to another district on request, under the Jawan quota, being a relative of military personnel, is entitled to protect her original seniority in the new unit reckoning from the date of advice by the Public Service Commission.

3. Brief facts of the case are as follows:

    The respondent/applicant was selected and advised by the Public Service Commission on 17.02.2003 for appointment as Staff Nurse Grade- II in the Health Services Department and was posted to Government Medical College, Kozhikode and joined duty on 25.04.2003. While working in Kozhikode, the respondent

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