IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 32238 of 2009(Y) -------------------------------------- PETITIONERS: --------------------- 1. T.B.ISMAIL, NURSING ASSISTANT (ON DAILY WAGES), MAHARAJA'S GOVERNMENT HOSPITAL, KARUVELIPPADY, KOCHI-5, (AGED 62, S/O. BAPPU, THANATHIL HOUSE, KUMBALANGI). 2. C.M.MUHAMMED, AGED 59, S/O. MUHAMMED, CHIRAKKAPARAMBIL HOUSE, KUMBALAM P.O., COCHIN. (TERMINATED - HOSPITAL ATTENDANT, GR.I). 3. C.T.PAPPY, AGED 63, S/O. THAI, KOLUTHUVANGARA HOUSE, KUMBALANGI, COCHIN-7, (TERMINATED-NURSING ASSISTANT). 4. ELIZABETH GEORGE, AGED 68, W/O. GEORGE, PUTHENVEETTIL, KUMBALANGI P.O., KOCHI-7. (TERMINATED - HOSPITAL ATTENDANT GR-I). 5. K.C.VILASINI, AGED 65, ALATHARA VEEDU, KUMBALANGI, KOCHI-7. (TERMINATED - HOSPITAL ATTENDANT GR.I) 6. C.E.PETER, AGED 65, CHALAVEETTIL, KUMBALANGI, KOCHI-7. (TERMINATED - NURSING ASSISTANT). BY ADVS. SRI.K.S.MADHUSOODANAN, SRI.T.V.JAYAKUMAR NAMBOODIRI, SRI.THUSHAR NIRMAL SARATHY, SRI.M.M.VINOD KUMAR, SMT.K.M.RAMYA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. W.P.(C). NO.32238/2009-Y: 2. SUPERINTENDENT, MAHARAJA'S GOVERNMENT HOSPITAL, KARUVELIPPADY. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32238/2009-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(P)313/06/FINANCE DTD. 27/07/06. EXT.P.2: COPY OF THE ORDER E. 934/05 DTD. 16/07/05. EXT.P.2.A: COPY OF THE TERMINATION ORDER NO. E-934/2005 DTD. 02/12/06. EXT.P.3: COPY OF THE REPRESENTATION GIVEN TO DISTRICT MEDICAL OFFICER & 2ND RESPONDENT DTD. 27/07/06. EXT.P.4: COPY OF THE INFORMATION GIVEN BY STATE INFORMATION OFFICER BEARING NO. 63878/INFORMATION/08/FIN. DTD. 21/08/08. EXT.P.5: COPY OF THE ORDER BEARING NO. 4793/D2/2009 HEALTH DEPARTMENT DTD. 22/06/09. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE UNDERTAKING SUBMITTED BY T.B. ISMAIL. EXT.R2.B: COPY OF THE GOVERNMENT ORDER FIXING WAGES OF CONTRACT EMPLOYEES. EXT.R2.C: COPY OF THE ENDORSEMENT BY DIRECTOR OF HEALTH SERVICES. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 32238 OF 2009 (Y) ===================== Dated this the 28th day of May, 2010 J U D G M E N T After having retired from the regular service, petitioners were appointed as Hospital Attender and Nursing Assistant on daily wages. Ext.P2 is the order of appointment specifying daily wages @ Rs.100/-. On that basis, it is stated that they worked for the period from 16/7/05 to 2/12/2006. According to the petitioners, by Ext.P1 Government Order, the existing daily wage of Rs.100 was revised to Rs.150/- w.e.f. 1/6/06. It is also stated that, by Ext.P4, Government reiterated that the departments shall comply with Ext.P1 in letter and spirit. It is stated that according to the petitioners, they claimed the benefit of Ext.P1, but however, the same has been rejected by Ext.P5. It is challenging Ext.P5 and claiming revised wages at the rates as mentioned in Ext.P1, the writ petition is filed. 2. However, from the counter affidavit, what is discernible is that in so far as the Health and Family Welfare Department is concerned, power to make appointments on daily wages and the rate at which the wages are to be paid have been laid down by WPC No. 32238/09 :2 : Government Order vide GO(MS) No.45/02/H&FWD dated 5/2/2002, which inter alia provides that for Hospital Attender and Nursing Assistant, the daily wages prescribed is Rs.100/-. Ext.R2 (c) is the consequential order that is issued. From these orders, it can be seen that in so far as the Health and Family Department where the petitioners were appointed on daily wages by Ext.P2 are concerned, the wages are payable in terms of these Government Orders. If so, the rate of wages allowed in Ext.P2 is consistent with the Government Order governing the field. 3. Learned counsel for the petitioner relied on Ext.P4 and contended that in view of Ext.P1, the other Departments could not have issued any order inconsistent with Ext.P1. I am not persuaded to agree. As already seen Ext.P1 is a general order, but however, Ext.R2(b) is a special order concerning the Department of Health and Family Welfare. Therefore, in so far as Health and Family Welfare Department is concerned, what is relevant is Ext.R2(b) and petitioners have been paid wages as specified therein. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp