IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 17487 of 2008(F) -------------------------- PETITIONER: ------------ E.RADHIKA, D/O LATE SANKARAN NAIR, AGED 38 YEARS, ELAYATTU HOUSE, P.O. PANNIYANNOOR, MENEKKARA,THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, KANNUR. 3. THE MEDICAL OFFICER, GOVERNMENT DISPENSARY, CHALIL, THALASSERY. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).17487/2008 -------------------- Dated this the 23rd day of June, 2008 JUDGMENT Petitioner submits that she was temporarily appointed as Attender Grade-II by the Medical Officer, Government Dispensary, Chalil at Thalassery. She had earlier worked as Mahila Swasth Sangh Volunteer for some time. She refers to Exts.P1 and P2 orders in this regard. She further refers to Ext.P3, purportedly an order issued by the Municipal Chairman requiring the third respondent to appoint the petitioner as Attender for 89 days. Reference is made to Ext.P4 judgment, which dealt with the procedure to be adopted in the Headquarters Hospitals and Primary Health Centres in appointing Cleaning staff. The relevant portion of the directions reads as follows:- (i). The Director of Health Services and the Superintendents of Taluk Headquarters Hospitals as also the Primary Health Centres, will take steps to see that there is no dearth of Cleaning Staff in anyone of these W.P.(C).17487/2008 2 hospitals. In making appointments on a provisional basis pending regular recruitment, only candidates sponsored by the Employment Exchange should be normally appointed. (ii). If persons sponsored by the Employment Exchange are not available, in adequate numbers, then volunteers from the MSS shall be engaged. (iii). It may be made clear by the Directorate of Health Services as also the other officers, who are in administrative control of the Taluk Headquarters Hospitals as well as Primary Health Centres, that recruitment of Cleaning Staff either from among persons who are sponsored by the Employment Exchange or if such persons are not available, MSS volunteers shall be appointed on a purely provisional basis, without conferring on them any right other than to receive the wages that are due and applicable. 2. Petitioner's request is pending before the third respondent as Ext.P5. W.P.(C).17487/2008 3 3. In the result, writ petition is disposed of directing the third respondent to consider the petitioner's request contained in Ext.P5, in the light of Ext.P4 judgment and take appropriate decision thereon, within a period of one month from the date of receipt of a copy of this judgment. Ext.P3 need only be treated as a recommendation or request made by the Chairman of the Municipality and third respondent shall take action in terms of the directions contained in Ext.P4 judgment. V.GIRI, Judge mrcs