IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7287 of 2009(E) ------------------------- PETITIONERS: --------------- 1. VIMALAMMA V.R., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, AMAL BHAVAN, MUHAMMA P.O., NEAR VELINILAM TEMPLE, ALAPPUZHA. 2. AMPILIMOLE K.K., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, CHETTISSERIL, NORTH ARYAD, ALAPPUZHA. 3. BHAGYALAKSHMI K., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, SARASWATHI NIVAS, MANNANCHERI P.O. KAVUMKAL, ALAPPUZHA. 4. LEKHA K., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, ROHINI, SANADAPURAM P.O., KAITHAVANA, ALAPPUZHA. 5. SAJITHAKUMARI.A.S, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, VELUTHASSERIL HOUSE, SANADAPURAM P.O. VAZHYCHERI, ALAPPUZHA. 6. JAYASREE M.J., STAFF NURSE, TALUK HEAD QUARTERS, HARIPPAD, MANJANATTU MADAM, PATHIYOOR WEST, KEERIKKADU P.O., PIN - 690 508. 7. ANITHA M.S., STAFF NURSE, P.H.C.RAMANKARY, THAYYIL HOUSE, THEKKEKKARA P.O., ALAPPUZHA - 688 503. 8. B.USHAKUMARI, STAFF NURSE, W & C HOSPITAL, ALAPPUZHA, SREELAKSHMI MANNANCHERI P.O., KAVUMKAL P.O., ALAPPUZHA 9. BINDU.K., STAFF NURSE, GENERAL HOSPITAL, ALAPPUZHA, ARASIPARAMBIL, MUHAMMA P.O., ALAPPUZHA. WP(C).No. 7287 of 2009 -2- 10. VIMALA B., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, NEDUMCHIRAYIL, MUHAMMA P.O., ALAPPUZHA 11. SUVARNAKUMARI.R., STAFF NURSE, C.H.C. MUHAMMA P.O., ALAPPUZHA PUTHENCHIRAVELI, MUHAMMA P.O., ALAPPUZHA BY ADV. DR.V.N.SANKARJEE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND CHILD WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HEALTH SERVICE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7287 of 2009 -------------------------- Dated this the 6th March,2009 J U D G M E N T Petitioners are working as Staff Nurses. All of them had prior temporary service which according to them, could be counted for various service benefits. Petitioners have submitted Exhibits P1 to P11 representations before the 2nd respondent requesting to count their prior service for all service benefits. As per the amendment in the Kerala Service Rules brought about as per Exhibit-P12 notification dated 11.10.2007 (published in the Gazette dated 22.10.2007) Rule 22C have been added, wherein, persons who are already in service shall be entitled to prefer such claim to count any service benefits after entering Government service within two years from the date of the amendment. 2. Representations submitted by the petitioners are within the time provided in the said proviso. Therefore, it is up to the competent authority to take a W.P ( C) No.7287 of 2009 2 decision on Exhibits P1 to P11. Therefore, there will be a direction to the 2nd respondent to consider and pass orders on Exhibits P1 to P11 within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioners also. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.7287 of 2009 3 W.P ( C) No.7287 of 2009 4