IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 25929 of 2009(I) -------------------------- PETITIONER: --------------- SREELEKHA.K., PUBLIC HEALTH NURSING TUTOR, JR. PUBLIC HEALTH NURSING TRAINING CENTRE THALAYOLAPARAMBU, KOTTAYAM DIST. BY ADV. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SMT.V.J.SAFEENA RESPONDENTS: --------------- 1. THE DIRECTOR OF HEALTH SERVICE THIRUVANANTHAPURAM. 2. THE DIST. MEDICAL OFFICER OF HEALTH, KOTTAYAM. 3. THE MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH CENTRE, ATHIRAMPUZHA. 4. THE PRINCIPAL, JUNIOR PUBLIC HEALTH NURSING TRAINING CENTRE, THALAYOLAPARAMBU, KOTTAYAM DIST. 5. THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.25929 of 2009 -------------------------- Dated this the 17th September,2009 J U D G M E N T Petitioner is a Public Health Nursing Tutor in the Health Services Department. She entered service as Junior Public Health Nurse on advise by the Public Service Commission on 24.9.1993. But she had rendered provisional service in the same post originally from 4.7.1986 to 3.7.1987 and thereafter from 7.8.1987 to 23.9.1993, before she was appointed on a regular basis. As per the orders which were then prevailing provisional service in the same post with or without break may be considered for periodic increments and also for time bound higher grades. 2. A Full Bench of this Court had in State of Kerala V. Ponnamma [ 2005 (4) KLT 987] held that if provisional hands joined duty before the cut of date 1.10.94, they would be entitled to increment taking into account their provisional service, if any, rendered prior to the said date. The claim made by the petitioner in this W.P ( C) No.25929 of 2009 2 regard as Ext.P4 is pending before the Director of Health Services. In the meanwhile, petitioner's pay was fixed allegedly in an erroneous manner and recovery was ordered. It is in the wake of this that writ petition has been filed. 2. Heard learned counsel for the petitioner and learned Government Pleader. 3. Since the petitioner's claim is pending before the Director of Health Services, the 1st respondent, he shall take a decision on Ext.P4 after hearing the petitioner within three months from the date of receipt of a copy of this judgment. Recovery pursuant to Exts P2, P2(a) and P5 shall be kept in abeyance till orders are passed on Ext.P4. First respondent shall take into account Ext.P6 also in the course of taking a decision on Ext.P4. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.25929 of 2009 3 W.P ( C) No.25929 of 2009 4