IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2477 of 2010(H) ------------------------- PETITIONER(S): --------------- SITA DEVI.A., LADY HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE, EZHIKKARA, ERNAKULAM DISTRICT. BY ADVS. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SMT.V.J.SAFEENA SMT.SHALEENA RAJAN RESPONDENT(S): --------------- 1. STATE REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVIES, THIRUVANANTHAPURAM. 3. THE MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH CENTRE, VELLANGALLUR, THRISSURE DISTRICT. 4. THE MEDICAL OFFICER IN CHARGE COMMUNITY HEALTH CENTRE, EZHIKKARA, ERNAKULAM DISTRICT. BY GOVT. PLEADER SMT. ANU SIVARAMAN -R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 2477 OF 2010 -------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT The petitioner is aggrieved by the action on the part of the respondents in not implementing Ext.P3 order dated 15.7.2008 passed in her favour. The petitioner had earlier worked as a provisional hand in the post of Junior Public Health Nurse Grade II on two spells, viz. from 10.4.1985 to 2.1.1987 and from 21.1.1987 to 6.5.1987. Based on the said provisional service put in by her, she made a claim for increments. The said provisional service was rendered prior to 1.10.1994 and that was followed by regular appointment, that too, prior to 1.10.1994. In the circumstances, after considering the claim of the petitioner for increments, based on the provisional service put in by her, the aforesaid order, Ext.P3, was passed in her favour. As per Ext.P3 order, the first respondent found the petitioner eligible for getting the increments, based on the provisional service put in by her, as aforesaid. In the light of Ext.P3, the entitlement of the petitioner for increments and consequential benefits, based on the provisional service put in by her prior to her regular appointment, cannot W.P.(C) NO. 2477/2010 2 be disputed. There is no reason to unduly delay the grant of benefits flowing from Ext.P3 to the petitioner. In the circumstances, the Writ Petition is disposed of with a direction to the second respondent to grant the petitioner the increments and consequential benefits to which she is entitled, based on Ext.P3 order, within a period of three months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 2477/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 2477/2010 JUDGMENT 27th January, 2010