IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 10TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 25421 of 2011(C) -------------------------- PETITIONER(S): -------------- 1. GEETHA C.T., W/O RAJENDRAN NAIR K., JUNIOR PUBLIC HEALTH NURSE (GRADE II), TALUK HOSPITAL, NEENDAKARA, KOLLAM. 2. GEETHA S., W/O MOHANAN PILLAI K.G., JUNIOR PUBLIC HEALTH NURSE (GRADE II), PHC, OZHUR, MALAPPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, HEALTH AND FAMILY DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695001. 3. DISTRICT MEDICAL OFFICER, KOLLAM-691507. 4. DISTRICT MEDICAL OFFICER, MALAPPURAM-676505. 5. GEETHA T., W/O BHAVANA DAS, JUNIOR PUBLIC HEALTH NURSE GRADE II, P.H.CENTRE, SAKTHIKULANGARA, KOLLAM, RESIDING AT MANALIL VEEDU, DALAVAPURAM, NEENDAKARA P.O., KOLLAM-691517. R1 TO R4 BY GOVT. PLEADER SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 25421 of 2011(C) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: A COPY OF THE ORDER NO.A2/17241(2)/89 DATED 12/12/1989 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, KANGANGAD. EXT.P2: A COPY OF THE JUDGEMENT DATED 22/4/2003 IN CIVIL APPEAL NO.1904/2003 AND OTHER CONNECTED CASES. EXT.P3: A COPY OF THE ORDER PASSED BY THE GOVT. AS GO(RT) NO. 1456/04/H&FWD DATED 27/5/2004. EXT.P4: A COPY OF THE JUDGEMENT DATED 29/7/2004 IN WPC.22374/2004. EXT.P5: A COPY OF THE ORDER NO.FWA 4-38650/2003/DHS DATED 26/11/2004 OF THE 2ND RESPONDENT. EXT.P6: A COPY OF THE JUDGEMENT DATED 20/12/2004 IN WPC.36690/2004. EXT.P7: A COPY OF THE ORDER NO.A4-15726/04/DMOHK/DATED 3/6/2005 OF THE DISTRICT MEDICAL OFFICER, KOLLAM. EXT.P8: A COPY OF THE ORDER DATED 18/5/2007 OF THE HON'BLE SUPREME COURT. EXT.P9: A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED NIL. EXT.P10: A COPY OF THE JUDGEMENT DATED 28/5/2010 IN WPC.5666/2006. EXT.P11: A COPY OF THE JUDGEMENT DATED 16/12/2009 IN WPC.21231/2009. EXT.P12: A COPY OF THE ORDER NO.FW(SPL.CELL) 94660/06/DHS DATED 18/4/2011 OF THE 2ND RESPONDENT. EXT.P13: A COPY OF THE GOVERNMENT ORDER NO.GO(RT)NO.5000/2010/H&FWD DATED 22/12/2010 OF THE IST RESPONDENT. EXT.P14: A COPY OF THE ORDER NO.ES3-61647/07/DHS DATED 19/4/2011. EXT.P15: A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE IST RESPONDENT DATED 7/8/2011. EXT.P16: A COPY OF THE ACKNOWLEDGEMENT CARD ON RECEIPT EXT.P15 REPRESENTATION. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 25421 OF 2011 ----------------------------------------------------------- Dated this the 10thOctober, 2011. JUDGMENT The petitioners were originally appointed under Rule 9(a)(1) of Kerala State & Subordinate Service Rules (KS & SSR for short) as per an order of the District Medical Officer, Kanhangad dated 12-12-1989. Thereafter they continued to work, discharging their duties properly and to the satisfaction of their superiors. While so, they got regular appointment through the Public Service Commission and they were appointed as Junior Public Health Nurses Gr.II with effect from 23-9-1998 and 14-6-1999 respectively. While they were working on provisional basis, though they had represented to the Government to regularise their services, no orders had been passed. However, after the petitioners were appointed by the Public Service Commission on regular basis, as per the judgment of the Apex Court, Ext.P2 the services of such provisional appointees were directed to be regularised. The Government have also issued Ext.P3 regularising the services of the other petitioners in Ext.P2. However, the provisional service put in WPC 25421/2011 2 by the petitioners have not been regularised. Nor have they been given credit for the service put in by them as provisional employees. 2. According to the counsel for the petitioners for the only reason that the petitioners were meritorious in being selected and appointed by the Public Service Commission on regular basis, the period of service put in by them as provisional employees have not been counted for the purpose of determining their seniority and other benefits. 3. The counsel for the petitioners also places reliance on Ext.P10 judgment of this Court, by which in the case of other similarly situated persons, this Court had directed the Government to consider and pass appropriate orders redressing their grievances. Pursuant to Exts.P10 and P11, the Government have regularised the services of the said employees by issuing Exts.P12, P13 and P14 proceedings. The grievances of the petitioners are set out in detail in Ext.P15 representation which is pending before the first respondent. Therefore, petitioners seek the issue of appropriate directions for the consideration of their grievances also in the light of the orders already issued by the Government. 4. I have heard the learned Govt. Pleader also. 5. I notice that as per Exts.P10 and P11 judgments, in the case of other similarly placed persons, this Court had directed the WPC 25421/2011 3 Government to consider their grievances and to pass appropriate orders thereon. Accordingly the Government had issued Exts.P12, P13 and P14 proceedings regularising the period of service put in by such employees on provisional basis and assigning seniority to them. However, since Ext.P15 is pending consideration of the first respondent, it is only appropriate that the said authority is directed to consider the grievances of the petitioners, in the first instance. 6. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioners set out in Ext.P15, in the light of the observations contained in Exts.P10 and P11 judgments of this Court as well as the proceedings of the first respondent evidenced herein by Exts.P12, P13 and P14 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 this judgment, after affording an opportunity of being heard to the petitioners. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 25421/2011 4