IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 37317 of 2009(H) --------------------------------- PETITIONER(S): -------------------- 1. SUDHA P.K., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KORAMBIL THAZHEKUNIYIL, PUNNOL P.O., THALASSERY. 2. BHANUMATHI B., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT PADIKKAL HOUSE, KALLAYITHERU, P.O.THIRUVANGAD. 3. JISHA L.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT M.M.NANU NAMBIAR HOUSING COLONY, P.O.THIRUVANGAD. 4. SHOBHA P., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT PAZHAYAKULANGARA HOUSE, P.O.PUNNOL, THALASSERY. 5. SOUJATH P.K., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT P.K.HOUSE, PUNNOL P.O., THALASSERY. 6. SUGATHA T., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KAPPACHERY HOUSE, P.O.PARAL, THALASSERY, PIN-670 671. 7. SHEEBA K., CLEANING WORKER GENERAL HOSPITAL, THALASSERY, RESIDING AT CHATHAMBALLY HOUSE, P.O.THIRUVANGAD, THALASSERY. 8. SREEJA M., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT VALIYAMEETHAL HOUSE, P.O.PARAL, THALASSERY, PIN-670 671. 9. SERINA C.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KUNIYIL HOUSE, P.O.PUNNOL, THALASSERY. W.P.(C) NO.37317/2009 10. PRASANNAKUMARI P.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT PUTHIYOTTUMKANDI HOUSE, P.O.PARAL, THALASSERY, KALLILTHAZHA. 11. RAJI K., (MARY), CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KUNIYIL HOUSE, P.O.PUNNOL, THAZHEVAYAL.. 12. SHEEBA L.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT M.M.NANU NAMBIAR HOUSING COLONY, P.O.THIRUVANGAD. 13. SREEDEVI K.P., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT M.M.NANU NAMBIAR HOUSING COLONY, P.O.THIRUVANGAD. 14. VALSALA N., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT MEETHALE KAYANADATH HOUSE, P.O.MOOZHIKARA, THALASSERY. 15. P.PREELALOCHANA, CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT VAYALIL VEEDU, P.O.PALAYAD, NEAR KAIRALY. 16. SUGATHA B., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KOROTH HOUSE, P.O.VADAKKUMBAD, THALASSERY-670109. 17. RAJAMONY M.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT INDIRA NIVAS COLONY, MANGATTIDA P.O., KAITHACHAL. 18. REMAVATHI N.P., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KAVINVATHUKKAL, P.O.OLAVILAM, VIA OLAVILAM. 19. PUSHPA N.P., CLEANING WORKER GENERAL HOSPITAL, THALASSERY, RESIDING AT KUNIYIL HOUSE, P.O.VADAKKUMBAD, MADHATHUMBHAGAM, THALASSERY. 20. KOMALAVALLY K., CLEANING WORKER GENERAL HOSPITAL, THALASSERY, RESIDING AT THAYYIL HOUSE, P.O.PONNYAM EAST, THALASSERY. W.P.(C) NO.37317/2009 21. SHEEJA A.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KUNNUMMAL HOUSE, PONNYAM WEST, THALASSERY. 22. LAHIJA V.K., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT HARILAKSHMY, PONNYAM WEST, THALASSERY. 23. RADHIKA E., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT ELAYATTU HOUSE, P.O.PANYANNOOR, MANEKKARA. 24. ANISHA KUMARI K.P., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT PAYYAMPILLY HOUSE, P.O.KATHIRUR, THALASSERY. 25. PUSHPA P.K., CLEANING WORKER GENERAL HOSPITAL, THALASSERY, RESIDING AT KADATHANADAN HOUSE, PULLYODU, P.O.KATHIRUR-670642. 26. HEMALATHA M., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT VANNATHAN VEEDU, PULLYODU, P.O.KATHIRUR. 27. SHYJA P.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KRISHNALAYAM, P.O.KATHIRUR, PIN 670 642. 28. SULEKHA K., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KUNIYIL HOUSE, SODAMUKKU, P.O.KATHIRUR. 29. PREMI P.K., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT CHANDRAKANTHAM, P.O.DHARMADAM, SAMIKUNNU. 30. RESHMA A.C., CLEANING WORKER GENERAL HOSPITAL, THALASSERY, RESIDING AT P.R.VILLA, PERUNTHATTHIL P.O., THACHOLIMUKKU, THALASSERY. 31. LALITHA P., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT UMMILAKANDI HOUSE, S.N.PURAM, P.O.UMMANCHIRA, THALASSERY. 32. JEEJA T.V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT CHALAKUTTIYIL HOUSE, PONNYAM WEST P.O., KUNDUCHIRA. W.P.(C) NO.37317/2009 33. SANTHA M., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT RESIDING AT MANGALYASSERY, PONNYAM, CHUNDANGA POYIL. 34. MAHIJA N., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KOLAKKOTTIL HOUSE, VADAKKUMBAD, THALASSERY. 35. VIJAYALAKSHMI M.K., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT MAMMALLI HOUSE, P.O.PONNYAM, THALASSERY. 36. AJITHA V., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT MANGALASSERIPOYIL, CHUNDANGAPOYIL, P.O.PONNYAM EAST, THALASSERY. 37. REENA M., CLEANING WORKER, GENERAL HOSPITAL, THALASSERY, RESIDING AT KUNIYIL VEEDU, PONNYAM EAST, PIN 670 641. BY MR.M.K.DAMODARAN, SENIOR ADVOCATE MR.ALAN PAPALI MR.NISHIL.P.S. MR.GILBERT GEORGE CORREYA SMT.ANITHA MATHAI MUTHIRENTHY RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA- REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, GENERAL HOSPITAL, THALASSERY. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 37317 OF 2009 -H ----------------------------------------------------------- Dated this the 5th January, 2010. JUDGMENT The petitioners were Mahila Swasth Sangh Volunteers under the Kodiyeri Primary Health Centre, Thalassery. At present they are working as cleaning workers in the General Hospital, Thalassery. According to the petitioners they had been continuously working for the past 13 years and it was considering their voluntary services that they were appointed as temporary cleaning staff in the General Hospital, Thalassery on 17.7.2007. They seek regularisation of their services. They have requested the Government for regularisation. As per Ext.P5, a Division Bench of this Court had also observed that the Government may pass orders in the matter in the light of the observations made by the learned Single Judge in the writ petition from which the said appeal arose. The grievance of the petitioners is that in spite of Ext.P5 so far no orders have been passed. 2. Counsel for the petitioner submits that Exts.P4 and P6 representations are pending. However, the learned Govt. Pleader points out that the representations are addressed to the Minister and not to the Government and, therefore, if a proper WPC 37317/2009 2 representation is made to the Government, the Government will consider the matter. 3. In the above circumstances, I dispose of this writ petition directing the petitioners to submit a proper representation to the Government within a period of two weeks from today setting out their grievances. If such representation is received within the period of two weeks stipulated above, the Government shall consider the grievance of the petitioners and pass orders thereon expeditiously. The Government may also pass appropriate orders regarding the continuance of the petitioners in their present post till a final decision is taken in the matter. K. SURENDRA MOHAN Judge jj WPC 37317/2009 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: