IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 974 of 2005(N) ----------------------------------- PETITIONERS: --------------------- 1. P.S. BIJU, S/O. K. SULAIMAN, DARUL-SALAM, THAMARAKULAM P.O., ALAPUZHA-690 530, (JUNIOR HEALTH INSPECTOR GR.II, PUBLIC HEALTH CENTRE, CHUNAKKARA). 2. V.G. GANGESAN, VIJAYABHAVAN, PUTHENCHANTHA P.O., VALLIKKUNNAM-690 501, ALAPPUZHA, (JUNIOR HEALTH INSPECTOR GR.II, PUBLIC HEALTH CENTRE, VALLIKUNNAM). BY ADV. SRI.T.M.ABDUL LATHEEF. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH SERVICES DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFIER OF HEALTH, ERNAKULAM. 4. PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 5. BIJITH. P.S., PUNNACKAPALLIL HOUSE PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA-688 541. 6. JAYACHANDRAN. S., JYOTHI BHAVAN, KOIPALLIKARANMA, OLAKETTIYAMBALAM P.O. MAVELIKKARA, ALAPPUZHA-690 510. W.P.(C).NO.974/2005-N: 7. HAFEEZ. Y.A., MUSLIAR MANZIL, KAPPIL EAST, KRISHNAPURAM P.O., ALAPPUZHA-690 533. R1 TO R3 BY GOVT. PLEADER SRI. A.J. VARGHESE, R4 BY SRI.P.C.SASIDHARAN, S.C, K.P.S.C . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.974/2005-N: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER NO. A4/21844/95/DMO (H) DTD. 03/08/1995 OF THE R.3. EXT.P.2: COPY OF THE ORDER NO. DG3-88950/96/DHS DTD. 28/11/1996 OF THE R.3. EXT.P.3: COPY OF THE ORDER NO.A4/13206/99/DMOHA DTD. 14/01/2002 OF THE R.3. EXT.P.4: COPY OF THE MEMO NO.AI(2)354/2000-6 DTD. 31/12/2001 ISSUED BY THE R.4. EXT.P.5: COPY OF THE MEMO NO.G.R.C(2)/10/03 DTD. 22/08/2003 ISSUED BY THE R.4. EXT.P.6: COPY OF THE JUDGMENT DTD 24/11/2003 PASSED BY THIS HON'BLE COURT IN W.A. 2848/2000. EXT.P.7: COPY OF THE G.O.(RT).NO.403/2004/H&FWD DTD 10/02/2004. EXT.P.8: COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE R.1. DTD. 17/08/2004. EXT.P.9: COPY OF THE JUDGMENT DTD 16/12/2009 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.21231/2009. EXT.P.10: COPY OF THE JUDGMENT DTD. 06/04/2010 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.11829/2010. EXT.P.11: COPY OF THE NOTICE DTD 16/03/2011 ISSUED BY THE R.2. EXT.P.12: COPY OF THE NOTICE DTD. 16/03/2011 ISSUED BY THE R.2. EXT.P1.3: COPY OF THE G.O.(RT).NO.426/2011/H&PWD DTD. 03/02/2011. EXT.P.14: COPY OF THE G.O.NO.1372/C1/2010/H&PWD DTD. 01/01/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 974 OF 2005 ----------------------------------------------------------- Dated this the 10thOctober, 2011. JUDGMENT The petitioners are working as Junior Health Inspectors Gr.II in the Health Services Department. They initially entered service on 3-8-1995 and 28-11-1996 respectively. Their initial appointments were on provisional basis under Rule 9(a)(i) of the Kerala State and Subordinate Service Rules (K.S & S.S.R for short). While they were continuing in service without any break, they were selected and appointed by the Public Service Commission in permanent vacancies. The petitioners complain that they have not been given the benefit of the long service they had put in as provisional employees prior to their regular appointment. It is the case of the petitioners that similar employees have been given the benefit of their provisional service as is clear from various orders issued by the Government, evidenced herein by Exts.P11, P12, P13 etc. The petitioners claim that they are also entitled to the benefit of their provisional service and the correction of their seniority, promotion etc. based on the said service also. Though they have submitted WPC 974/2005 2 Ext.P8 representation before the first respondent, no orders have been passed thereon till date. 2. I have heard the learned Govt. Pleader also. 3. In view of the fact that Ext.P8 is pending before the first respondent, it is only appropriate that the grievances of the petitioners are considered by the first respondent in the first instance. 4. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioners set out in Ext.P8 representation in accordance with law and in the light of the government orders, Exts.P11 to P13 issued in the case of other similarly placed employees and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 974/2005 3