IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 3726 of 2009(R) ---------------------------------------- PETITIONER(S): ----------------------- K.RADHA, VALLITHUNDIL HOUSE, MULLIKKALA, THEVALAKKARA P.O., KARUNAGAPPALLY. BY ADV. SMT.P.K.SANTHAMMA RESPONDENT(S): ------------------------- 1. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR, HEALTH DEPARTMENT, GOVT.SECRETARIAT, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM.1 3. THE DISTRICT MEDICAL OFFICER, DMOS' OFFICE, GENERAL HOSPITAL, KOLLAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 3726 of 2009 --------------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioner was appointed under Rule 9(a)(i) of the KS & SSR, as Hospital Attendant Grade II at the Taluk Head Quarters Hospital, Karunagappally, way back on 11.06.1999. She was appointed for a period of 180 days and on completion of 179 days she was terminated. The petitioner had another spell of appointment as Hospital Attendant Grade II which was made by the Superintendent of Taluk Head Quarters, Karunagappally on the advice of the Block Panchayat on contract basis which was made through Employment Exchange. 2. The Government by Ext.P6 order dated 16.11.2007, conferred the benefit of regularisation for provisional employees in the cadre of Hospital Assistant Grade II, who were engaged through Employment Exchanges and were continuing on the basis of various judgments of this Court and the Apex Court. A list of such employees are appended by the said order. The petitioner is seeking a similar benefit. Going by Ext.P6, the benefit is conferred only on a class of employees who are appointed on provisional basis but have been allowed to wpc:3726 of 2009 2 continue on the basis of various judgments. Their total number is 908. It is also stated that a Special Leave Application pending before the Apex Court in the matter will be withdrawn before regularising them. Obviously, the petitioner will not be eligible to get regularisation on the basis of Ext.P6, since she was not in service as on the date of order and there is no other judgment allowing her to continue. Hence no relief can be granted in this writ petition. 3. The learned counsel appearing for the petitioner submitted that petitioner has filed Ext.P5 representation before the first respondent for appropriate orders in the matter. It is up to the first respondent to examine the matter in the light of specific terms of Ext.P6. In the result, the writ petition is disposed of directing the first respondent to take a decision on Ext.P5 within a period of two months from the date of receipt of a copy of this judgment and communicate the same to the petitioner. T.R.RAMACHANDRAN NAIR, JUDGE bps