IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 RP.No. 653 of 2008(M) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.547/2005 Dated 19/07/2007 .................... REVIEW PETITIONER(S): ---------------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 3. THE DIRECTOR OF INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM 4. THE INSURANCE MEDICAL OFFICER, ESI DISPENSARY, CHALAPPURAM. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL. RESPONDENT(S): --------------- 1. NALINI.K.P., JUNIOR P.H.NURSE, GR.II, PHC THRITHALA, PALAKKAD 2. MINI.B.K., JUNIOR PH NURSE, PHC KUNISSERY, PALAKKAD 3. JAREENA H., JUNIOR PH NURSE, PHC KANNAMBRA, PALAKKAD 4. LEELABAI.A. , JUNIOR P.H.NURSE, PHC KUNISSERY, PALAKKAD. 5. MEERA P.JUNIOR P.H.NURSE, PHC THENKURISSI, PALAKKAD 6. REMA P.JUNIOR P.H.NURSE, PHC MARUTHUVOAD, KOTTEKAD PO., PALAKKAD 7. MAYAKUTTY K.K.JUNIOR PH NURSE, PHC ADAKKAPUTHUR, PALAKKAD 8. ZAFFIYA M.JUNIOR PH NURSE, PHC KUNISSERY PALAKKAD. 9. LEKSHMIDEVI K.JUNIOR PH NURSE, PHC MUTHU, PALAKKAD - ADDRESS CORRECTED LAKSHMIDEVI K., JUNIOR PH NURSE, PHC KOPPAM, PALAKKAD DIST (ADDRESS CORRECTED AS PER ORDER DT.17.10.2006 IN IA.14350/06) 10. KUMARI K.JUNIOR PH NURSE, CHC VADAKKANCHERRY, PALAKKAD 11. USHA R.JUNIOR P.H.NURSE, PHC KANNADI, KAPPUR, PALAKKAD 12. BHARATHY N.P.JUNIOR P.H.NURSE, PHC KAPPUR, PALAKKAD 13. INDIRA C.JUNIOR P.H.NURSE, PHC KOPPAM, PALAKKAD 14. YASODA M.JUNIOR PH NURSE, PHC KOPPAN, PALAKKAD 15. SHAKKEELA A.JUNIOR PH NURSE,PHC KIZHAKKANCHERRY, PALAKKAD 16. NADHEERA.A., JUNIOR P.H.NURSE, CHC KODUVAYOOR, PALAKKAD 17. SATHYABHAMA.M., JUNIOR NURSE, PHC KUNNISSERY,PALAKKAD 18. SHERLY.C.;V., JUNIOR P.H.NURSE PHC CHALISSERY, PALAKKAD 19. ANITHA.P.V., JUNIOR P.H.NURSE, PHC KADAMPAZHIPURAM, PALAKKAD 20. MAIMOONATH AYAR, JUNIOR P.H.NURSE, PHC MANGAD, BALUSSERY VIA., PALAKKAD 21. JAYASREE.M., ANM ESI DISPENSARY CHALAPPURAM, KOZHIKODE (RESPONDENTS 22 AND 23 ARE DELETED FROM THE PARTY ARRAY AND INCORPORATED AS PETITIONERS 3 AND 4 AS PER ORDER IN I.A. 475/2008 DATED 18.6.2009). ADV. SRI.A.K.ALEX FOR R1 TO 20 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P.NO.653/2008 IN W.P.(C) No. 547/2005 ---------------------------------------------- Dated 18th June, 2009. O R D E R This is a review petition at the instance of respondents 1 and 4 in the writ petition. The writ petitioners approached this court praying for a direction to regularize their provisional service, and for a declaration that they are entitled to get increments and other service benefits on the basis of the service thus regularized. There is also a prayer for a direction to dispose of Exts.P25 to P44 representations. 2. At the time of hearing, it was brought to the notice of this court that benefits are granted as per Exts.P22 and P23 orders to the similarly situated persons, and in view of the submission, the writ petition was disposed of directing the first respondent to consider the representations in the light of the benefits granted to the incumbents covered by Exts.P22 and P23. 3. In the review petition, it is pointed out that all the writ petitioners are appointed to regular service only after 1.10.1994 and hence they are not entitled to count the provisional service rendered by them for the purpose of increments. It is also R.P.NO.653/2008 IN W.P.(C) No. 547/2005 2 brought to the notice of this court that petitioners are not similarly situated as those persons covered by Exts.P22 and P23 orders. In the nature of the reliefs claimed by the petitioners, it is only appropriate that the writ petition is heard on merits, particularly in view of the dispute regarding the benefits granted to the incumbents covered by Exts.P22 and P23. In that view of the matter, the review petition is allowed and the judgment dated 19.7.2007 in W.P.(C) No.547/05 is recalled. Post the writ petition for hearing next week as per the roster. I.A.475/08 : Allowed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P.NO.653/2008 IN W.P.(C) No. 547/2005 ---------------------------------------------- O R D E R Dated 18th June, 2009.