IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 22663 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- 1. MANI.K.R., S/O.RANGAN, ATTENDER, TRIBAL OUT PATIENT CLINIC, PADAVAYAL THAVALAM.P.O., PALAKKAD DISTRICT, RESIDING AT KAKKIMUKKU HOUSE,KARARA.P.O., ATTAPPADY, PALAKKAD DISTRICT. 2. LAL LATHA.P., W/O.AJI, PHARMACIST, TRIBAL.O.P.CLINIC, ELACHI VAZHI, CHAVADIYOOR.P.O., AGALY VIA, PALAKKAD DISTRICT. RESIDING AT PRANAVAM, AVIP QUARTERS, AGALY.P.O., PALAKKAD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, SCHEDULED CASTE/SCHEDULED TRIBES DEVELOPMENT,DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), PALAKKAD-678 001. 4. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, AGALY, PALAKKAD DISTRICT-678 581. 5. THE PROJECT OFIFCER, INTEGRATED TRIBAL DEVELOPMENT PROJECT, ATTAPPADY, PALAKKAD DISTRICT-678 001. BY GOVT. PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22663/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 26/02/1999. P2: COPY OF THE ORDER DATED 22/11/1999. P3; COPY OF THE GOVERNMENT ORDER DATED 21/11/1998. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE MINISTER FOR SCHEDULED CASTE AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT. P5: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE KERALA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBES. P5(a):COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE MINISTER FOR HEALTH AND FAMILY WELFARE DEPARTMENT. P5(b):COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. P6: COPY OF THE COMMUNICATION ISSUED TO THE 2ND PETITIONER. P6(a):COPY OF THE COMMUNICATION DATED 23/06/2010 ISSUED TO THE 1ST PETITIONER. P6(b):COPY OF THE COMMUNICATION ISSUED TO THE 2ND PETITIONER. P7: COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE OUTPATIENT CLINIC AT ELACHIVAZHI AND PADAVAYAL. P8: COPY OF THE ORDER DATED 01/03/2010 P9: COPY OF THE ORDER NO.G.O.(MS)NO.3/2011/SWD DTD. 10/01/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.22663 of 2011-G. = = = = = = = = = = = = = Dated this the 11th October, 2011. J U D G M E N T The petitioners are persons who are working as Attender and Pharmacist in duly sanctioned posts. They were appointed as per Exts.P1 and P2 orders by the fifth respondent. They belong to a Scheduled Tribe and Scheduled Caste respectively. According to the petitioners, they are entitled to get appointments on regular basis with effect from the notional dates of their appointments. At present, they are working on contract basis but, they were both appointed after following a proper selection process. Since the petitioners have been working continuously from 1999 onwards, they claim that they are entitled to be regularised as sought for. Though numerous representations have been submitted by them as evidenced by Ext.P5 series, no orders have been passed thereon. The WP(C).No.22663/2011-G. 2 petitioners also rely on Ext.P8 to point out that in the case of other similarly placed persons, their services have been regularised by the Government. They seek the issue of appropriate orders for consideration of their representations. 2. I have heard the learned Government Pleader also. 3. In view of the fact that the grievances of the petitioners are pending consideration of the first respondent, it is only proper that the representations are considered by the first respondent. Therefore, this writ petition can be disposed of directing an expeditious disposal thereof. 4. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioners set out in Ext.P5 series representations, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of WP(C).No.22663/2011-G. 3 this judgment. Until final orders are passed in accordance with the above directions, the petitioners shall not be terminated from service. K.SURENDRA MOHAN, (Judge) Kvs/-