IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 2036 of 2008(P) ----------------------------------------- PETITIONER: -------------------- S. ANVAR, TC.48/686, MITHRA NAGAR, PARUTHIKKUZHI, POONTHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.PEETHAMBARAN SRI.PRASAD GANDHI SRI.C.K.JAYAKUMAR RESPONDENTS: -------------------------- 1. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, AROGYABHAVAN, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDIAN SYSTEM OF MEDICINE, AROGYA BHAVAN, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2036 of 2008 -------------------------- Dated this the 25th January, 2008 J U D G M E N T Petitioner was appointed as Nursing Assistant in the Ayurveda Dispensary on a provisional basis under Exhibit P1 and thereafter under Exhibit P2. Though he had approached this Court earlier for a direction to the respondents to permit him to continue beyond the term of appointment, this Court had declined the same. Petitioner now points out that Hospital Attendants Gr.II in the Health Services Department, though appointed on a provisional basis were subsequently regularised as is evident from Exhibit P3 Government Order dated 16.11.2007. Petitioner claims parity of treatment and has submitted Exhibit P4 before the Government in that regard. Learned Government Pleader submits that Exhibit P3 Government Order will not apply to the case of the petitioner. Petitioner was appointed in the Department of Ayurveda and the beneficiaries under Exhibit P3 stands on a different footing. This is definitely a relevant fact. Without expressing any opinion W.P ( C) No. 2036 of 2008 2 on the merits of the case and after hearing the counsel on both sides, this writ petition is disposed of directing the 3rd respondent to look into Exhibit P4 and take a decision thereon, in accordance with law, after hearing the petitioner, within three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No. 2036 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007