IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25314 of 2010(L) -------------------------- PETITIONER(S): --------------------- 1. NALINI.K.P., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KUMARANELLOOR, KUMARANELLOOR.P.O., PALAKKAD. 2. MINI.B.K., JUNIOR PUBLIC HEALTH NURSE, PRIMARYHEALTH CENTRE, KUNISSERY, KUNISSERY.P.O., PALAKKAD. 3. JAREENA.H, JUNIOR PUBLIC HEALTH NURSE, KAVASSERY. PHC, KAVASSERY.P.O., PALAKKAD. 4. LEELABAI.A., JUNIOR PUBLIC HEALTH NURSE, PAZHAMPALAKKODE PHC, PAZHAMPALAKKODE.P.O., PALAKKAD. 5. MEERA.P., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HELATH CENTRE, KOTTAYI,KOTTAYI.PO., PALAKKAD. 6. REMA.P., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, PUDUPPARIYARAM, PUDUPPARIYARAM.P.O, PALAKKAD. 7. MAYAKUTTY, JUNIOR PUBLIC HEALTH NURSE, VELLINAZHY PHC, THIRUNARAYANAPURAM, THIRUNARAYANAPURAM.P.O., THIRUVAZHIYODE (VIA) PALAKKAD. 8. ZAFFIYA.M., JUNIOR PUBLIC HEALTH NURSE, CHC, CHERPULASSERY, CHERPULASSERY.P.O., PALAKKAD. 9. LEKSHMIDEVI.K., JUNIOR PUBLIC HEALTH NURSE, PHC KOPPAM,PULASSERY.P.O., PALAKKAD. WPC NO.25314/2010 -2- 10. KUMARI.K.,JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KANNAMBRA, KANNAMBRA.P.O., PALAKKAD. 11. USHA.R. JUNIOR PUBLIC HEALTH NURSE, CHC ELAPULLY, ELAPULLY.P.O., PALAKKAD. 12. BHARATHY.N.P.,JUNIOR PUBLIC HEALTH NURSE PHC THRITHALA, THRITHALA.P.O., PALAKKAD. 13. INDIRA.C.,JUNIOR PUBLIC HEALTH NURSE, PHC KOPPAM, PULASSERY.P.O., PALAKKAD. 14. YASODA.M,JUNIOR PUBLIC HEALTH NURSE, PHC KOPPAM, PULASSERY.P.O., PALAKKAD. 15. SHAKKEELA.A.,JUNIOR PUBLIC HEALTH NURSE, PHC KIZHEKANCHERI,KIZHEKANCHERI.P.O.,PALAKKAD. 16. NADHEERA.A.,JUNIOR PUBLIC HEALTH NURSE, PHC KODUVAYOOR, KODUVYOOR.P.O., PALAKKAD. 17. SATHYABHAMA.M., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTHCENTRE, KUNISSERY, KUNISSERY.P.O., PALAKKAD. 18. SHIRLY.C.V.,JUNIOR PUBLIC HEALTH NURSE, PHC THIRUMITTACODE, CHACHIYATTIRI.P.O., PALAKKAD. 19. ANITHA.P.V.,JUNIOR PUBLIC HEALTH NURSE, CHC KADAMPAZHIPPURAM, PALAKKAD. 20. MAIMOONATH AYAR, CHC THAMARASSERY, THAMARASSERY.P.O., KOZHIKODE. BY ADV. SRI.A.K.ALEX RESPONDENT(S): ----------------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA, REP. BY SECRETARY HEALTH AND FAMILY WERLFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25314 OF 2010 (L) ===================== Dated this the 12th day of August, 2010 J U D G M E N T Petitioners rendered service as Junior Public Health Nurses on a provisional basis. Subsequently, after 1/10/94, they were appointed on a regular basis and joined service as such. They represented for counting their provisional service for increment and time bound higher grades. In Ext.P5 judgment, claim was directed to be considered. Accordingly, their claims were considered and was rejected by Ext.P1 Government Order dated 21/7/10. It is challenging Ext.P1 Government Order, the writ petition is filed. 2. A reading of Ext.P1 Government Order itself show that the Government have rejected the claim on the ground that Government decision No.2 udner Rule 33 of Part I KSR, which provided for counting of provisional service, has been deleted w.e.f. 1/10/94. It is on this basis that the claim of the petitioners has been rejected. The aforesaid view taken by the Government is fully consistent with the principles laid down by the Full Bench of this Court in State of Kerala v. Ponnamma (2005(4) KLT WPC No. 25314/10 :2 : 987), and therefore, is unassailable. However, learned counsel for the petitioner submitted that one similarly situated person has already been given the benefit, and therefore, there is no reason to discriminate the remaining petitioners. Even if it is accepted as correct, only inference is that the benefit has been erroneously granted to the person contrary to the principles laid down by the Full Bench. An erroneous decision taken by the Government cannot form a precedent for others to claim the benefit on that basis, or for this Court to direct that the benefit be extended to other employees. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp