IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 18488 of 2011(I) --------------------------------- PETITIONER(S): ------------------- 1. SMITHA.S,'MANASAM,',B.N.165,PONGUMMOODU, MEDICAL COLLEGE.P.O,THIRUVANANTHAPURAM-695011. 2. RANI.G,NLRA-319,ULLOOR,MEDICAL COLLEGE. P.O,THIRUVANANTHAPURAM-695011. BY ADVS. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SMT.SHALEENA RAJAN RESPONDENT(S): -------------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT,MEDICAL COLLEGE HOSPITAL,THIRUVANANTHAPURAM-695011. 3. THE PRINCIPAL,MEDICAL COLLEGE, THIRUVANANTHAPURAM-695011. 4. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001. 5. THE SECRETARY TO GOVERNMENT,HEALTH & FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY GOVERNMENT PLEADER SRI. E.M. ABDUL KHADAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18488/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE ISSUED BY THE KERALA NURSES & MIDWIVES COUNCIL ON 23/08/2004. P2: COPY OF THE CERTIFICATE OF REGISTRATION DATED 31/08/2004. P3: COPY OF CERTIFICATE OF REGISTRATION DATED 10/06/2003 OF 2ND PETITIONER. P4: COPY OF THE ORDER NO.A5-29063/05/DMOH DATED 14/10/2005. P5: COPY OF ORDER NO.A5-24063/05/DMOH DATED 04.07.2006 P6: COPY OF THE REPRESENTATION DATED 10/06/2011 SUBMITTED BY 1ST PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.18488 of 2011 --------------------------------------------- Dated this the 17th day of October 2011 JUDGMENT The petitioners are working as Staff Nurses, appointed provisionally for a period of five years in the Health Services Department. The petitioners had joined duty in 2005 and 2006 respectively. The petitioners raised a claim that they are entitled to continue in service until other Nurses replaced them. They also complain that substantial amounts that are due to them by way of salary and other allowances have not been paid. 2. A counter affidavit has been filed by the second respondent pointing out that the first petitioner was paid an amount of Rs.2,39,492/- and that the second petitioner was paid an amount of Rs.2,49,966/- as arrears of salary and allowances for the period that they had worked. In his counter affidavit, the second respondent has undertaken that the arrears on the basis of 2011 pay revision will be drawn and disbursed to them, shortly. 3. A reply affidavit has been filed on behalf of the petitioners admitting receipt of the amounts made mention of in Wpc No.18488 of 2011 2 the counter affidavit of the second respondent. However, it is complained that the first petitioner has not been paid her salary for the period from 1.5.2011 to 10.6.2011, apart from the arrears due on the basis of 2011 pay revision. The petitioners have no objection to this writ petition being disposed of with a direction to pay the said amounts. 4. In view of the above, this writ petition is disposed of directing the second respondent to pay to the first petitioner the arrears of salary for the period from 1.5.2011 to 10.6.2011, if not already paid and to pay to them the arrears due on the basis of the 2011 pay revision. The payments, as directed above, shall be made as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/ Wpc No.18488 of 2011 3