IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 31410 of 2010(A) ---------------------------------- PETITIONERS: ------------------ 1. SOPHY V.K., LADY HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE, MALIPPURAM, ERNAKULAM DIST. 2. KOCHU RANI.V.V., JUNIOR PUBLIC HEALTH NURSE, MALIPPURAM, ERNAKULAM DIST. BY ADV. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SMT.V.J.SAFEENA SMT.SHALEENA RAJAN RESPONDENT(S): ------------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001 2. THE MEDICAL OFFICER IN-CHARGE, PRIMARY HEALTH CENTRE, MALIPPURAM ERNAKULAM DIST-682 511 3. THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 4. THE DISTRICT HEALTH MEDICAL OFFICER OF HEALTH, ERNAKULAM, KOCHI -11 ADV. MR. ANTONY MUKKATH – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.31410 OF 2010 ------------------------------- Dated this the 13th day of October, 2010 J U D G M E N T The petitioners are Public Health Nurse Gr.II in the Health Department of the Government of Kerala. Prior to joining regular service they had provisional service. Their grievance in this writ petition is that their provisional service has not been reckoned for the purpose of granting them increments. Seeking this relief, they have submitted Exts.P4 and P5 representations before the third respondent. They seek a direction to the third respondent to dispose of Exts.P4 and P5 representations expeditiously. 2. I have heard the learned Government Pleader also. The learned Government Pleader points out that although the provisional service of the petitioners were prior to 1.10.1994, for getting their provisional service reckoned, they had to submit applications within the time limit prescribed by the Government, which the petitioners have not done. Therefore, they cannot now claim the benefits on the basis of provisional service, he W.P.(c)No.31410/10 2 contends. 2. I have considered the rival contentions in detail. Whether, because of non-submission of application within the prescribed time, the petitioners are ineligible for the benefit sought by them, is also a matter, which the third respondent can consider while disposing of Exts.P4 and P5. Accordingly, this writ petition is disposed of with a direction to the third respondent to consider and pass orders on Exts.P4 and P5, in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.31410/10 3 W.P.(c)No.31410/10 4