IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31251 of 2008(U) -------------------------- PETITIONERS: --------------- 1. K.SATHYABHAMA, JUNIOR PUBLIC HEALTH NURSE GR.II, PHC MEPPADY. WAYANAD. 2. ANNAMMA JOHN, JUNIOR PUBLIC HEALTH NURSE GR.-11, PHC VARADOOR WAYANAD. 3. R.SREEDEVI, JUNIOR PUBLIC HEALTH NURSE GR.-11, PHC MEPPADY,WAYANAD. 4. V.PADMINI, JUNIOR PUBLIC HEALTH NURSE GR.-11, PHC MEPPADY, WAYANAD. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER FOR HEALTH WAYANAD. BY SR. GOVERNMENT PLEADER, SMT.ANUSIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 31251/2008 ----------------------------- Dated this 23rd day of October, 2008 JUDGMENT The petitioners are presently working as Junior Public Health Nurses Grade II in Wayanad District. They entered regular service in 1993-94. Prior to their regular appointment, they had rendered provisional service in various Public Health Centres. The petitioners submit that as they had rendered provisional service prior to 1-10- 1994 they are entitled to reckon the said service as well for the purpose of grant of increments in terms of the Government Decision under Rule 33 of Part I of the Kerala Service Rules, hereinafter referred to as the “K S R” for short. The petitioners rely on the decision of this Court in State of Kerala v. Ponnamma 2005(4) KLT 1987 in support of the said contention. The petitioners submit that claiming the benefits of Government Decision under Rule 33 of Part I of the KSR as it stood immediately prior to 1-10-1994 they have filed Exts.P11 to P14 representations before the Secretary to Government, Health and Family Welfare Department and that the Secretary to Government, Health and Family welfare department may be directed to consider the request made therein and take a W.P.(C) NO: 31251/2008 2 decision thereon within a time limit fixed by this Court. 2. On the terms of Rule 33 of Part I of the KSR as it stood immediately prior to 1-10-1994, provisional service on regularisation with or without break in the same category of post will be treated as officiating service ab initio for the limited purpose of granting of increments. Rule 33 of part I of the KSR was amended with effect from 1-10-1994. Therefore, as the petitioners have rendered provisional service prior to 1-10-1994 the claim made by them in Ext.P11 to P14 merits consideration at the hands of the State Government. In this circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Health and Family Welfare Department to consider the request made by the petitioner in Exts.P11 to P14 representations and take a decision thereon after giving one among the petitioner an opportunity of being heard. This shall be done within four months from the date of receipt of a copy of this judgment. P.N.RAVINDRAN,JUDGE bps W.P.(C) NO: 31251/2008 3