IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 OP.No. 2385 of 2003(H) -------------------------------- PETITIONER: ------------------- ANITHA KUMARI S.K., STAFF NURSE, S.C.D., PULAYANARKOTTAH, THIRUVANANTHAPURAM. BY ADV. MR.BABU JOSEPH KURUVATHAZHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM 3. THE SUPERINTENDENT, SANATORIUM FOR CHEST DISEASES, PULAYANARKOTTAH, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 2385/2003-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. A5-9417/99/DMCH DTD. 16/09/99 ISSUED BY THE R.2. (RELEVANT PORTION). EXT.P.2: COPY OF THE ORDER NO. E1-233/2002/SCDP DTD. 29/11/2002 ISSUED BY THE R.3. EXT.P.3: COPY OF THE ORDER IN C.M.P. NO. 64479/2002 IN O.P. NO. 38179 OF 2002 DTD. 17/12/2002. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ O.P.No.2385 OF 2003 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T By Ext.P1 order, the petitioner was appointed provisionally as a Staff Nurse under Rule 9(a)(i) of the K.S. & S.S.R. The petitioner is now aggrieved by Ext.P2 order, whereby the petitioner's remuneration for the provisional appointment was restricted to basic pay only and the excess salary paid to the petitioner has been ordered to be recovered from her. The petitioner, therefore, seeks the following reliefs: (i) issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P2 to the extent it affect the petitioner; (ii) issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from recovering the service benefits due to the petitioner; (iii) issue any such other writ, order or direction which may deem fit in the facts and circumstances of the case. O.P.No.2385 OF 2003 2 The learned Government Pleader has today placed before me an order of the Government dated 23/2/2006, whereby the Government has decided to disburse full salary to those persons whom the basic pay only was paid as salary. In view of the said Government Order, the salary paid to the petitioner cannot be recovered. It is declared so and the original petition is disposed of. S. SIRI JAGAN JUDGE nl