IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 6236 of 2008(P) ------------------------------------- PETITIONERS: --------------------- 1. V.V.RAMAN NAIR, S/O.RARIKUTTY NAIR, LAKSHMI NIVAS, KOKKALLUR, BALUSSERY, KOZHIKKODE DISTRICT. 2. MOIDEN KOYA.K., KUNNUMEL HOUSE, PANANGAD P.O., KOZHIKKODE DISTRICT. BY ADV. SRI.SUDHEESH.A, ADV. SMT.C.V.BINDU. RESPONDENTS: ----------------------- 1. SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KOZHIKKODE. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.6236 of 2008 -------------------------- Dated this the 25th March, 2008 J U D G M E N T Petitioners were originally engaged as Field Workers as part of the National Filaria Control Program in the year 1981. According to them, nine persons including the petitioners were appointed as Field Workers in Calicut District and all of them continued as full time Field Workers on a provisional basis till the year 1999. By Exhibit P1, Government directed that 87 provisional field workers should be absorbed into the Health Services Department as part time Sweepers. This included the petitioners also. Petitioners on being absorbed as part time Sweepers were promoted to Grade II and later promoted to Gr.I. Petitioners are aggrieved that in computing their retirement benefits the entire service rendered by them prior to their absorption pursuant to Exhibit P1 has not been taken into consideration. But in the case of 7 other persons who along with petitioners were appointed as Field Workers in Calicut District, 50% of their earlier service was taken into account for W.P ( C) No.6236 of 2008 2 computing their pension and retirement benefits. 2. Learned Government Pleader points out that except in the case of one 50% of their earlier service has been taken into account, in relation to the seven other persons appointed in Calicut district. 3. Though the 3rd respondent -District Medical Officer recommended revision of the pensionary benefits to the petitioners,as evidenced by Exhibit P6, the same has not been accepted by the Accountant General. 4. In my view, decision in this regard has to be taken by the Government and then forwarded to the Accountant General. In the result, the writ petition is disposed of directing the petitioners to file a fresh representation before the Government pointing out these aspects. If it is so done within a period of one month from today, it shall be taken note of and decision shall be taken in the light of Exhibit P2 , within a period of three months thereafter. (V.GIRI, JUDGE) ma W.P ( C) No.6236 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No.6236 of 2008 2 ORDER 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.