IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2510 of 2009(W) -------------------------------------- PETITIONER: ------------------- T.R.BEENAKUMARI, W/O.K.M.SIVARAMAN, KADKKATTIL HOUSE, HOUSING BOARD COLONY, MARUTHAMPILLY DESOM, KODAKARA, THRISSUR DISTRICT. (STAFF NURSE, P.H.C., KODAKARA). BY ADV. SRI.C.V.MILTON. RESPONDENTS: ----------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2510/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is working as a Staff Nurse Grade-I at Primary Health Centre, Kodakara. Before her regular appointment as per Ext.P1, she was having a provisional service for a period of 4 years and 10 months and 4 days under Rule 9(a)(i) Part-II of K.S. & S.S.R with a break of service of 18 months. Exts.P2 to P4 are the orders produced by the petitioner to show that she had secured appointment on that basis in the Medical College Hospital, Thrissur, Government Hospital, Nadapuram and Medical College Hospital, Mulamkunnathukavu, Thrissur. 2. According to the petitioner, going by Note 2 under Rule 33 Part-I K.S.R, the period of provisional service could be counted for the purpose of granting increments, and even though this was deleted with effect from 01/10/1994, as the provisional service rendered by her are before the said date, she is entitled to be granted the benefit. The petitioner has produced Ext.P5 order in respect of similarly placed persons to show that the Government have deleted the said decision with effect from 01/10/1994. But it is pointed out by Ext.P6 that the Superintendent, Medical College Hospital, Kottayam has reckoned the period of provisional service (7 months and 18 days) for the purpose of W.P.(C) No.2510/2009 -:2:- increment under the relevant rule of granting the benefits. Presently, the dispute is regarding the period of service from 04/04/1987 to 07/01/1988 at Medical College Hospital, Thrissur and from 08/01/1988 to 21/06/1991 at Government Hospital, Nadapuram. Seeking for such a relief, she has filed Ext.P7 representation before the Director of Health Services (second respondent). The petitioner has sought for appropriate directions to the second respondent to take action in the matter. 3. Heard the learned Government Pleader. There will be a direction to the second respondent to consider and pass orders on Ext.P7 in accordance with law within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms