IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 22483 of 2008(B) -------------------------- PETITIONER: ------------ SARASWATHY T.P., JUNIOR PUBLIC HEALTH NURSE GR.I P.H.C.PEROOR, ATHRUKKAD, PATHIRIPPALA PALAKKAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER FOR HEALTH, PALAKKAD. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).22483/2008 -------------------- Dated this the 20th day of August, 2008 JUDGMENT The petitioner is presently working as Junior Public Health Nurse Grade-I. She had rendered provisional service as Junior Public Health Nurse Grade-II during the period from 3.3.1988 to September 1989 in the Public Health Centre at Koduvayur and during the period from September 1989 to 25.4.1993 in Public Health Centre, Kongad. The petitioner was later appointed on a regular basis as Junior Public Health Nurse Grade-II by Ext.P2 order dated 12.4.1993. The petitioner claims that as her provisional service was prior to 1.10.1994, in the light of the decision of the Full bench of this Court in State of Kerala v. Ponnamma (2005 (4) KLT 987 [FB] ), the said provisional service rendered prior to 1.10.1994 is liable to be reckoned for the grant of service benefits. In this writ petition, the petitioner apprehends that steps are being taken to effect recovery of the emoluments paid to her by reckoning provisional service also as service counting for grant of increments and other service benefits. The petitioner submits that by Ext.P6 order W.P.(C).22483/2008 2 dated 1.3.2008, the Government have accepted provisional service rendered by persons similarly situated as service qualifying for grant of service benefits including increments. The learned Government Pleader appearing for the respondents submits, on instructions, that steps have not so far been taken to effect any recovery from the petitioner pursuant to Ext.P4 audit objection. The learned Government Pleader also submits that recovery will be effected only with notice to the petitioner and after affording her an opportunity of being heard. It was also submitted that as the petitioner has not yet moved any authority, the proper remedy would have been to move the Government seeking redressal of her grievances. 2. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In my considered opinion, the grievance put forward by the petitioner in this writ petition deserves to be considered in the first instance by the State Government. Though the petitioner had, in Ext.P3 representation dated 12.7.2008, prayed that she may be granted service benefits based on her provisional service, the said W.P.(C).22483/2008 3 representation was submitted before Ext.P4 audit objection was raised. The petitioner may therefore file an appropriate representation before the Secretary to Government, Health and Family Welfare Department within one month from today setting out all her grievances, claims and contentions. In the event of such a representation being filed, the Secretary to Government, Health and Family Welfare Department shall within three months from the date of receipt of the representation, consider the said request in the light of the law laid down by this Court in State of Kerala v. Ponnamma (supra), and pass appropriate orders thereon. Needless to say the petitioner shall also be afforded an opportunity of being heard. Till such time as orders are passed in the matter, recovery pursuant to Ext.P4 shall be kept in abeyance. The writ petition is disposed of as above. P.N.RAVINDRAN, Judge mrcs