IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 12518 of 2007(M) ------------------------------------------ PETITIONER(S): ------------------------- 1. MOLLY THOMAS, W/O.VINAYAN, AGED 42 YEARS, R/AT.MANGALAPADY, UPPALA VILLAGE,KASARAGOD. (J.P.H.N.GR-I,P.H.C.MANGALAPADY). 2. GEETHAMMA.K.G., W/O.JAYASANKAR, AGED 39 YEARS, R/AT.MANGALAPADY, UPPALA VILLAGE, KASARAGOD.(J.P.H.N.GR-I,P.H.C.MANGALAPADY). 3. SHEELAKUMARI.K., W/O.RAHIM, AGED 41 YEARS, R/AT.MANGALAPADY, UPPALA VILLAGE, KASARAGOD.(J.P.H.N.GR-I,P.H.C.MANGALAPADY). 4. POOLOMAJA.V.R, W/O.SANU.N.Y, AGED 44 YEARS, R/AT.BAYAR, BAYAR VILLAGE, KASARAGOD.(J.P.H.N.GR-I,P.H.C.BAYAR). 5. PUSHPAMMA.K.C., D/O.AMMINI CHERIYA, AGED 43 YEARS, R/AT.BAYAR VILLAGE, KASARAGOD.(J.P.H.N.GR-I,P.H.C.MANGALAPADY). BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-1. 2. THE DISTRICT MEDICAL OFFICER, (HEALTH), KANHANGAD, KASARAGOD. 3. THE MEDICAL OFFICER,P.H.C., MANGALAPADY, KASARAGOD. BY SPL. GOVERNMENT PLEADER FINANCE SRI. N.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.12518 of 2007 ------------------------------- Dated this the 13th November, 2008. J U D G M E N T The petitioners are presently working as Junior Public Health Nurses Grade-I. Prior to their regular appointment, they were in provisional service as Junior Public Health Nurses-II for various spells. The petitioners submit that as their provisional service as Junior Public Health Nurses was followed by regular appointment prior to 1.10.1994, they are entitled to the benefits flowing from Government Decision No.2 under Rule 33 of Part I K.S.R., and are entitled to the grant of increments based on the said provisional service. The petitioners have filed this Writ Petition aggrieved by the delay on the part of the District Medical Officer (Health), Kanhangad, in passing orders on their requests in Ext.P1 to Ext.P5 representations. 2. The learned Special Government Pleader appearing for the respondents submits, on instructions, that the District Medical Officer (Health) has not received the W.P.(C) No.12518/2007 2 representations produced and marked as Exts.P1 to P5 and, therefore, the petitioners' claims were not considered. He also submitted that if the petitioners move the second respondent by filing appropriate representations setting out their claims and contentions, the said Officer shall consider the same and take a decision thereon, if necessary, in consultation with the superior officers. If the representations require to be forwarded to the higher authorities, the same shall also be done, it is submitted. In the light of the submissions made at the Bar by the learned Special Government Pleader for the respondents, I dispose of the Writ Petition with a direction to the petitioners to move appropriate representations before the District Medical Officer (Health), Kanhangad, Kasargod District, setting out their claims, within one month from today. The District Medical Officer (Health) shall, if he is competent to pass orders on the same, consider the request made thereunder and pass orders thereon, within two months thereafter. If the District Medical Officer (Health) is of the opinion that a decision has to be taken in the W.P.(C) No.12518/2007 3 matter by the higher authorities, he shall take steps to forward the representation with his remarks to the higher authorities, and the said authority shall consider the same and pass appropriate orders, within three months from the date of receipt of such representations. The orders passed shall also be communicated to the petitioners forthwith. P.N.RAVINDRAN, JUDGE nj.