IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15855 of 2009(B) -------------------------------------- PETITIONER(S): ------------------------- M.USHA KUMARI,STAFF NURSE,GOVERNMENT MENTAL HEALTH CENTRE,KOZHIKODE. BY ADVS.MR.T.A.SHAJI SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE DISTRICT. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15855 of 2009 -------------------------------------- Dated 9th June, 2009 JUDGMENT Heard Sri.T.A.Shaji, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is presently working as Staff Nurse in the Government Mental Health Centre, Kozhikode. She was appointed as Staff Nurse on 10.4.1992 on advice by the Kerala Public Service Commission. Prior to her regular appointment, she had served as Staff Nurse on provisional basis during the period from 9.10.1987 to 31.3.1989 and thereafter from 7.12.1989 to 9.4.1992. The petitioner's grievance is that though the provisional service rendered by her during the aforesaid spells has to be reckoned for the purpose of grant of increments, applying Government Decision No.2 under Rule 33 of Part I of the Kerala Service Rules, the said benefit has not so far been extended to her. Relying on the Full Bench decision of this Court in State of Kerala v. Ponnamma (2005(4) KLT 987 (F.B)), the petitioner contends that as the provisional service rendered by her was prior to 1.10.1994, such provisional service has to be reckoned for the purpose of grant of increments. In this writ petition, the petitioner WP(C).No.15855/2009 2 seeks a writ in the nature of mandamus commanding the respondents to reckon the provisional service rendered by her as Staff Nurse for the purpose of increments and other service benefits. 3. The pleadings disclose that the petitioner has not moved any authority other than the District Medical Officer of Health, Kozhikode claiming the said benefit. In my opinion, the petitioner ought to have moved the Director of Health Services instead of moving the District Medical Officer. In any case, the petitioner ought to have moved the Director of Health Services before seeking the intervention of this Court. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the second respondent within one month from today, setting out her claims and contentions, the second respondent shall consider the same in the light of the decision of the Full Bench of this Court in State of Kerala v. Ponnamma (2005(4) KLT 987 (F.B)) and other decisions of this Court and take a decision thereon within three months from the date on which such a representation is received. Needless to say, before passing orders as directed above, the petitioner shall also be afforded a reasonable opportunity of being heard. The Director of Health Services after orders are passed as directed above WP(C).No.15855/2009 3 communicate a copy thereof to the petitioner expeditiously. In the event of the petitioner's claim being allowed, the Director of Health Services shall also issue necessary directions to the concerned officer to disburse to the petitioner the monetary benefits, expeditiously. P.N.RAVINDRAN Judge TKS