IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 12149 of 2005(U) --------------------------------------- PETITIONER(S): ------------------------ K.V.BALAN, HEALTH SUPERVISOR, KOTHAMANGALAM MUNICIPALITY. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE COMMISSIONER, CORPORATION OF CALICUT, KOZHIKODE. R1 & R2 BY SR GOVT PLEADER SRI.MATHEW GEORGE VADAKKEL R3 BY ADV. SRI.C.M.SURESH BABU,SC,KOZHIKODE CORPN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.12149/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GOVERNMENT ORDER DATED 1/7/1986. P2 COPY OF THE GOVERNMENT ORDER DATED 13/7/1987. P3 COPY OF THE ORDER DATED 13/7/1987 OF THE 3RD RESPONDENT. P4 COPY OF THE ORDER DATED 22/9/1992 ISSUED BY THE 3RD RESPONDENT. P5 COPY OF THE LETTER DATED 6/7/1998 FROM THE 1ST RESPONDENT TO THE PETITIONER. P6 COPY OF THE GO DATED 20/7/1982. P7 COPY OF THE GO DATED 10/3/2005. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 12149 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2011 J U D G M E N T After putting in prior provisional service from 18.10.1975 to 16.01.1976 in the Municipal Common Service and for the period from 04.03.1976 to 16.09.1976 in the Health Services Department, the petitioner joined Municipal Common Service again on 17.09.1976. Based on Ext.P1 G.O. the petitioner claimed counting of the provisional service for service benefits after joining regular service. The same has been rejected by Ext.P7 order on the ground that for counting of past service both posts should have fallen in the same service, which condition was deleted by Ext.P1 order dated 1.7.1986 which is not retrospective and therefore the petitioner's service prior to 1.7.1986 cannot be considered for that purpose. The petitioner seeks the following reliefs: “a) Issue a writ of certiorari or other appropriate writ or order quashing and setting aside Exhibits P-5 and P7, W.P.(C)No. 12149 of 2005 -2- b) hold that the petitioner is entitled to count the provisional service rendered by him as a basic health worker during the periods 18.10.1975 to 16.1.1976 and 4.3.1976 to 16.1.1976 towards grant of increments, c) Issue a writ of mandamus or other appropriate writ or order directing the respondents to re-fix the petitioner's pay after granting him increments for the provisional service rendered by him as a basic health worker and grant arrear of pay” It is now admitted before me by the learned Government Pleader that, the issue is covered in favour of the petitioner by the judgment in W.A. No.3208/2000 which was followed by three Single Benches in O.P. Nos.23651/1998 & connected cases, W.P. (C) No.24333/2008 and W.P. (C) No.25824/2010. Accordingly, the writ petition is disposed of holding that the petitioner is entitled to have his provisional service reckoned for grant of increments and higher grades. Consequential orders shall be passed by the respondents and monetary benefits disbursed within two months from the date of production of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/