IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WA.No. 1792 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25314/2010 Dated 12/08/2010 .................... APPELLANT(S): PETITIONER ------------------------ 1. NALINI K.P., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KUMARANELLOOR, KUMARANELLOOR P.O., PALAKKAD. 2. JAREENA H., JUNIOR PUBLIC HEALTH NURSE, KAVASSERY PHC, KAVASSERY P.O., PALAKKAD. 3. LEELABAI A., JUNIOR PUBLIC HEALTH NURSE, PAZHAMPALAKKODE PHC, PAZHAMPALAKKODE P.O., PALAKKAD. 4. MEERA P., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KOTTAYI, KOTTAYI P.O., PALAKKAD. 5. ZAFFIYA M., JUNIOR PUBLIC HEALTH NURSE, CHC, CHERPULASSERY, CHERPULASSERY P.O., PALAKKAD. 6. LEKSHMIDEVI K., JUNIOR PUBLIC HEALTH NURSE, PHC KOPPAM, PULASSERY P.O., PALAKKAD. 7. KUMARI K., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KANNAMBRA, KANNAMBRA P.O., PALAKKAD. 8. INDIRA C., JUNIOR PUBLIC HEALTH NURSE, PHC KOPPAM, PULASSERY P.O., PALAKKAD. 9. YASODA M., JUNIOR PUBLIC HEALTH NURSE, PHC KOPPAM, PULASSERY P.O., PALAKKAD. 10. SHAKKEELA A., JUNIOR PUBLIC HEALTH NURSE, PHC KIZHEKANCHERI, KIZHEKANCHERI P.O., PALAKKAD. 2 11. NADHEERA A., JUNIOR PUBLIC HEALTH NURSE, PHC KODUVAYOOR, KODUVAYOOR P.O., PALAKKAD. 12. SHIRLY C.V., JUNIOR PUBLIC HEALTH NURSE, PHC THIRUMITTACODE, CHACHIYATTIRI P.O., PALAKKAD. 13. MAIMOONATH AYAR, CHC THAMARASSERY, THAMARASSERY P.O., KOZHIKODE. BY ADV. SRI.A.K.ALEX RESPONDENT(S): RESPONDENTS -------------------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REP. BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. MINI B.K., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KUNISSERY, KUNISSERY P.O., PALAKKAD. 4. REMA P., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, PUDUPPARIYARAM, PUDUPPARIYARAM P.O., PALAKKAD. 5. MAYAKUTTY K.K., JUNIOR PUBLIC HEALTH NURSE, VELLINAZHY PHC, THIRUNARAYANAPURAM, THIRUNARAYANAPURAM (VIA), PALAKKAD. 6. USHA R., JUNIOR PUBLIC HEALTH NURSE, CHC ELAPULLY, ELAPULLY P.O., PALAKKAD. 7. BHARATHY N.P., JUNIOR PUBLIC HEALTH NURSE, PHC THRITHALA, THRITHALA P.O., PALAKKAD. 8. SATHYABHAMA M., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KUNISSERY P.O., PALAKKAD. 9. ANITHA P.V., JUNIOR PUBLIC HEALTH NURSE, CHC KADAMPAZHIPPURAM, PALAKKAD. R1 AND R2 BY G.P. SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1792 of 2010 -------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT Ramachandran Nair, J. This Appeal is filed against the judgment of the learned single Judge holding that appellants are not entitled to reckon provisional service for pay and grades. Appellants admittedly joined the service on provisional basis and later they were regularised in service. Regularisation was after 1.10.1994 and so much so Government declined to reckon provisional service for the purpose of grade, promotion, etc. The learned single Judge found that the rule which earlier provided for reckoning provisional service is deleted from 1.10.1994 and so much so Court cannot grant the relief prayed for. Counsel for the appellants pointed out that another person is granted the benefit. Government Pleader submitted that this is a matter for verification and action. In any case, we do not think an irregular benefit if at all granted to a person is justification for this Court to order relief which is not permissible under the Rules. Admittedly after WA 1792 of 2010 2 1.10.1994, service rules do not provide for reckoning of provisional service for the purpose of promotion or for giving grades. Consequently Writ Appeal fails and is dismissed. If benefit is granted to any person in violation of service rules, it is for the Government to make correction by recalling the ineligible benefit granted to such person so that at least litigation is avoided on that ground in this Court. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1792 of 2010 3