IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36093 of 2008(V) -------------------------------------- PETITIONER(S): ------------------------ 1. B.S.RAMABABY, JUNIOR PUBLIC HEALTH NURSE, CORPORATION OFFICE, THIRUVANANTHAPURAM. 2. T.VALSALA KUMARI, JUNIOR PUBLIC HEALTH NURSE, CORPORATION OFFICE, THIRUVANANTHAPURAM. 3. A.INDIRA, JUNIOR PUBLIC HEALTH NURSE, CORPORATION OFFICE, THIRUVANANTHAPURAM. 4. S.RAJESWARI, JUNIOR PUBLIC HEALTH NURSE, CORPORATION OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 36093 of 2008 ----------------------------- Dated this 9th day of December, 2008 JUDGMENT Heard Sri.Mohammed Al Rafi, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2. 2. The petitioners are presently working as Junior Public Health Nurses in the Thiruvananthapuram Corporation. Prior to their entry in service in the Thiruvananthapuram Corporation, they had served as Junior Public Health Nurses in the Public Health Department. The petitioners submit that their earlier service in the Public Health Department should be reckoned for the purpose of fixation of pay. The petitioners submit that in view of Ext.P1 Government order dated 13-7-1987, they are also entitled to the said benefits in view of Rule 159, of Part I of the Kerala Service Rules and that claiming the said benefit they have submitted Exts.P2 and P5 representations before the Government. In this writ petition, the petitioners inter alia pray for a direction to the first respondent to consider the request made by them in Exts.P2 and P5 representations and to take a decision thereon within a time limit to be fixed by this Court. 3. Ext.P1 Government order discloses that persons transferred from Government service to the Kerala Municipal Common Service are entitled to reckon their Government service for the purpose of fixation of wpc:36093 of 2008 2 pay on their joining duty in their Municipal Common Service. The claim made by the petitioners in Exts.P2 and P5 representations therefore merits consideration at the hands of the Government. In these circumstances, I dispose of the writ petition with a direction to the first respondent to consider the request made by the petitioners in Exts.P2 and P5 representations and take a decision thereon within three months from the date of receipt of a copy of this judgment. Needless to say, the petitioners shall also to be heard before final orders are passed in the matter. P.N.RAVINDRAN, JUDGE bps