IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WA.No. 2705 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.9038/2007 DATED 19.3.2007 .................... APPELLANT(S): PETITIONERS ------------------------- 1. P.P.SAJEEVAN, S/O. PARAMESWARAN, PUTHENPURACKAL HOUSE, CHEPPUKULAM.P.O., KARIMANNOOR, THODUPUZHA, WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, ELAMDESAM. 2. M.M.SONY, S/O. MICHAL, MUNDACKAL MUTHALAKODAM.P.O., THODUPZHA, WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, ARAKULAM. 3. JOHNSON MATHEW, S/O. OUSEPH MATHAI, PLAKKUTTATHIL HOUSE, THEKKUMBHAGOM.P.O. THODUPUZHA WORKING AS HEALTH INSPECTOR, THQ HOSPITAL, THODUPUZHA. 4. JOSE AUGUSTINE, S/O. AUGUSTINE, THIRUTHALIL HOUSE,VELLIMATTOM.P.O., THODUPUZHA. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MUTTOM. 5. S.SANTHOSH, S/O. V.K.SREEDHARAN, CHELASSERIL HOUSE, ARIKKAZHA.P.O., THODUPUZHA. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, PERUVANTHANAM. 6. C.J.KURIACHAN, CHAKKUMKUDIYIL HOUSE, 12TH MILE, VALARA.P.O., WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, CHITHIRAPURAM. 7. K.J.SEBASTIAN, KALLOOR HOUSE, 200 ACRE, ADIMALI.P.O., WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, BISONVALLY. 8. M.K.MUHAMMED, KUNJACKAL HOUSE, IRUMBUPALAM, VALARA.P.O., IDUKKI. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, DEVIYAR COLONY. 9. P.M.MUHAMMED PARAMBIL HOUSE, VALARA.P.O., IDUKKI. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KUTTAMPUZHA. 10. K.A.MATHEW, KOLLITHADATHIL HOUSE RAMACKAL METTU.P.O., IDUKKI. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KATTAPPANA. 11. K.M.SABUKUTTY, KUNNEL HOUSE, ANAKKARA.P.O., IDUKKI. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, VANDANMEDU. 12. K.P.JAYAKUMAR, KULATHINKAL HOUSE, PAINAVU.P.O. IDUKKI. WORKING AS HEALTH INSPECTOR PRIMARY HEALTH CENTRE, CHAKKUPALLOM. 13. V.SABU, BLOCK.NO.421, K.P.COLONY, IDUKKI. WORKING AS HEALTH INSPECTOR PRIMARY HEALTH CENTRE, K.P.COLONY. 14. V.C.KOPSHY, VESHAKOMBIL HOUSE, KATTAPPANA.P.O., IDUKKI. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, CHEMPAKAPARA. 15. K.T.SREEDHARAN, BLOCK NO. 845, SANYASIODA.P.O. K.P.COLONY, IDUKKI. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KUMILY. 16. GEORGE KUTTY SEBASTIAN, THOTTAPPILLI HOUSE, KOCHARA.P.O., CHETTUKUZHY. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE,KUMILY. 17. K.N.RADHKRISHNN, MANGALATHU HOUSE DEVIYAR COLONY, VALARA.P.O., WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, VATTIYAR. 18. SOMY JOHN, THOTTTHIMALIL HOUSE, THOMMANKUTHU.P.O.,THODUPUZHA. WORKING AS HEALTH'IN SPECTOR, PRIMARY HEALTH CENTRE,DEVIKULAM. 19. KENNY VARGHESE, KANNAMKERIYIL HOUSE, PAINAVU.P.O. WORKING AS HEALTH INSPECTOR, PRINARY HEALTH CENTRE, KANJIKUZHY. 20. JOHNY JOSEPH, PIRAYARI.P.O. P[ALAKKADU. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KANNADI. 21. E.V.ABRAHAM, ELAYIDATHU HOUSE, MANIMARUMCHAL, NERIYAMANGALAM. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, NERIMANGALA. 22. P.M.FRNCIS, PANTHANANICKAL, PANDIPPARA.P.O., IDUKKI. WIRKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, CHINNAKKANAL. 23. MOHAMMED BASHEER.K., KURUVAMPADAOM HOUSE UMMANAZHI PULAPPATTA, PA WORKING AS HEALTH INSPECTOR. 24. P.M.MOHANDAS, I.P.HOUSE, MELUR.P.O. OTTAPPALAM. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, VAVANDARAPPILLI. 25. MOHAMMED BASHEER.K. ALLAPPADY, PALAKKAD WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, SHOLAYOOR. 26. K.ARU, ATHIRA NIVAS, PULUNNIRAKKODE, PERUVEMBA.P.O. PALAKKAD. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KOLLANGODE. 27. P.MOHAMMEDLI, S/O. VEERAN, PARAYIL HOUSE ARIYOOR.P.O. MANNARKKAD, PALAKKAD. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, ADAKKAPUTHUR. 28. T.MADHAVANN, S/O. AYYAPPAN, THEKKEPAT HOUSE, "MIDHUNAM" KOOTTANAD.P.O., WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, VADAKKEKAD, TRICHUR. 29. P.V.SUNDARAN, S/O. VELAYUDHAN, ENNAPADAM, ELAPPULLY.P.O., PALAKKAD. WORIKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KONDAZHY. 30. UNNIKRISHNAN.M.A., S/O. AYYAPPAN, MANDAKATH HOUSE, THEKKEPOTTA.P.O., PUTHUCODE, PALGHAT, WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTR, VANIAMPARA. 31. SUBRAMANIAN.T.S. S/O. T.SUBRAMANIAN, THAZHAYAMKOTTATHUMANA, SRIKRISHNAPURAM.P.O. PALAKKAD. WORIKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MULLOORKKARA, TRICHUR. 32. A.M.ABDUL JABBAR, S/O. MOITHEEN, ERENTHURUTHIL HOUE, VARAPPETTY POST, KOTHAMANGALAM, ERNAKULAM, WORKING AS HEALTH INSPECTOR, C.H.C. MALIPURAM, ERNAKULAM. 33. M.HAJAHUSSAIN, S/O. ABDUL KHAN RAWTHER IV/14, HOSPITAL ROAD, KOZHINJAMPARA.P.O., PLKKAD. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, NALLEPILLY, PALAKKAD. 34. V.M.RAVINDRANATH, S/O. NARAYANANKUTTY NAIR, "SREYAS" ARUVANNURPARAMBU, VATTEKKAD.P.O., KOLLENGODE. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KODUVAYOOR, PALAKKAD. 35. YAKOOB.A., S/O. LATE ABOOBAKER RAWTHER, LOVELY GARDEN, CHIRAKKAD, KUNNATHUR MEDU.P.O. PALLAKAD. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, THENKURUSSI. 36. VIJAYAN.M.K. S/O. M.K.KESAVAN, MELE HOUSE, CHEMBRAKULAM, KOTTAI.P.O. PALAKKAD., WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, PERINGOTTUKURUSSI, PALAKKAD. 37. SOMAN.K. S/O. M.K.KESAVAN, MELE HOUSE KOTTAYI.P.O. PALAKKAD. WORKING AS HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, PARALI, PALAKKAD 38. JAFFAR ALI, S/O. ABDUL JABBAR, PARAKKALAM ROAD, KOZHINJAMPARA POST, PALAKKAD, WORKING AS HEALTH INSPECTOR, C.H.C. ALAPPULLY, PALAKKAD. BY ADV. SRI.P.GOPINATH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES OFFICE OF THE DHS, TRIVANDRUM. BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2705 OF 2009 --------------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. The appellants are the petitioners. They approached this Court challenging Ext.P3 order passed by the first respondent whereby the Government declined to invoke the power under Rule 39 of Part II of the Kerala State and Subordinate Services Rules, 1958 on the ground of equity and justice. 2. The issue pertains to the claim made by the petitioners to get their provisional service prior to 1.10.1994 as Junior Public Health Nurse counted for the purpose of service benefits. According to the appellants/petitioners since the Government had regularised such service, they are entitled to all consequential benefits. We find that the issue has been considered by this Court and this Court has taken a view against the petitioners as per judgment in W.A. No.203 of 2008. As we agree with the reasoning and finding of the Bench decision referred to above and since W.A. NO. 2705/2009 2 the issue is covered against the appellants by the said decision, the Writ Appeal is dismissed. A copy of the judgment in W.A. No. 203 of 2008 will be attached to this judgment. The said judgment will form part of the records. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ “W.A. No. 203/08” referred to in paragraph 2 and last paragraph of the judgment dated 04.12.2009 in W.A. No. 2705/09 is corrected as “W.A. No.2003/08” as per order dated 18.12.2009 in W.A. No. 2705/09. Sd/- Registrar(Judicial) W.A. NO. 2705/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2705/2009 JUDGMENT 4th December, 2009 W.A. NO. 2705/2009 4