IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5026 of 2009(W) ------------------------- PETITIONERS: --------------- 1. AMBIKA.S, D/O.SANTHAMMA, PUTHUVEEDU, VALATHUNGAL P.O., KOLLAM. 2. GEETHA.T, D/O.ANANDAVALLY, SUNDARAMVATTATHU VEEDU, KARIKKUZHI, MAYYANADU P.O., KOLLAM. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.K.PREMKRISHNA NAIR SRI.ABHILASH S.FRANCIS RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, HEALTH DEPARTMENT, COLLECTORATE, KOLLAM. 3. THE SUPERINTENDENT, GOVT. HOSPITAL, MAYYANADU, KOLLAM. BY GOVT. PLEADER SRI.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5026 of 2009 -------------------------- Dated this the 17th February,2009 J U D G M E N T Petitioners seek for a direction to the Government to take a decision of Exhibit-P3 representation which is dated 30.1.2009. Petitioners are having SSLC qualification and they were selected through the employment exchange for provisional appointment to the post of Hospital Attendant Gr.II in the year 2002. They have worked for 179 days in the C.Kesavan Memorial Govt. Hospital, Mayyanadu for the period from 6.11.2002 to 4.5.2003 in the pay scale of Rs.2610/- per month. Exhibits P1 and P1(a) are the discharge certificates produced by the petitioners. 2. It is submitted that there were various writ petitions pending before this Court seeking for continuance of the provisional engagement which ultimately was the subject matter of W.A No.96/2000. The matter reached the Apex Court and finally by Exhibit-P2 W.P ( C) No.5026 of 2009 2 Government decided to re-engage them. 908 employees have been benefitted by Exhibit-P2. Learned counsel for the petitioners submitted that the petitioners are similarly placed persons. Learned Government Pleader submitted that persons who are benefited by Exhibit-P2 are differently placed. 3. This Court by Exhibit-P4 judgment dated 17.1.2008 directed the Government to consider the representation submitted by the petitioners therein. They were also working as Hospital Attendant Gr.II from June 2005 to November 2007 in the office of the Government Hospital, Mayyanad, Kollam and Government Victoria Hospital Kollam. 4. Exhibit-P3 is dated 30.1.2009. In the light of Exhibit-P4 judgment, whereby, representations submitted by the similarly placed persons have been directed to be considered, I dispose of the writ petition in the following directions. The Government will consider Exhibit P3 in accordance with law and pass appropriate orders within a W.P ( C) No.5026 of 2009 3 period of three months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of this judgment along with copy of the writ petition before the 1st respondent for taking appropriate action, as directed above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5026 of 2009 4 W.P ( C) No.5026 of 2009 5