IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 24190 of 2008(Y) ------------------------------------ PETITIONER(S): ---------------------- USMAN CHALIYADAN, JUNIOR HEALTH INSPECTOR GRADE-1, KOOTHUPARAMBA MUNICIPALITY, KANNUR DISTRICT, PIN 670 643. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KANNUR. 5. KOOTHUPARAMBA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOOTHUPARAMBA, KANNUR DISTRICT. R1 TO R4 BY G.P. MR.ARAVIND KUMAR BABU R5 BY MR.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010 ALONG WITH WPC NO. 24333 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24190 of 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order No.K.Dis.B.4-2200/03 dated 20.06.2003 issued by the 2nd respondent. Ext.P2 :- Copy of the letter No.LFC.5-1606/04 dated 12.10.2004 issued by the 3rd respondent. Ext.P3 :- Copy of the representation dated 21.02.2007 submitted by the petitioner before the 4th respondent. Ext.P3(a) :- Copy of the letter No.G1-221/02 dated 21.02.2007 issued by the 5th respondent forwarding Ext.P3 to the 4th respondent. Ext.P4 :- Copy of the judgment dated 7.12.2006 in W.P(C)No.30222 of 2006 of this Hon'ble Court. Ext.P5 :- Copy of the order No.E5.1422/07 dated 16.08.2007 issued by the Director, Local Administration. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) Nos.24190 & 24333 of 2008 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of August 2010 J U D G M E N T Petitioners are Health Inspectors in the Municipal Common Service. 2. The petitioner in W.P.(C)No.24190/08 is working in the Koothuparamba Municipality and petitioners in W.P. (C)No.24333/08 are Health Inspectors in the Palakkad Municipality. 3. In so far as the petitioner in W.P.(C)No.24190/08 is concerned, before joining service in the Municipal Common Service on 22.4.1991, he worked as Health Inspector in the Health Department on a provisional basis during the period from 5.11.1986 to 22.4.1991. In so far the 1st petitioner in W.P.(C)No.24333/08 is concerned, he worked on provisional basis as Junior Health Inspector W.P.(C) Nos.24190 & 24333 of 2008 -: 2 :- Grade II for the period from 20.10.1986 to 4.10.1991, when he joined on regular basis. The 2nd petitioner in W.P.(C) No.24333/08 also worked as Junior Health Inspector Grade II during the period from 10.10.1986 to 11.4.1991, when he joined service on regular basis. 4. Claim of the petitioners is that they are entitled to have their provisional service also for reckoning service benefits. According to the petitioner, since the Government decision No.2 under Rule 33, Part-I of K.S.R was deleted with effect from 1.10.1994, they stopped the practice of granting increments to employees reckoning provisional service on getting regular appointment. 5. In the counter affidavit filed on behalf of the 3rd respondent, it is stated that since the petitioners are employees in the Municipal Common Service, they are not entitled to have their provisional service in the Health Department reckoned for service benefits. However, a reading of Ext.P6 judgment of this Court in O.P.No.23651 of 1998 and connected cases and Ext.P7 order of the W.P.(C) Nos.24190 & 24333 of 2008 -: 3 :- Director of Urban Affairs dated 16.8.2007 shows that in respect of similarly situated employees, such benefits have been granted. In the light of the above and as the claim of the petitioners is identical, I see no reason to deny the prayers of the petitioners. 6. Having regard to the above, I dispose of these writ petitions declaring that the petitioners are entitled to have their prior provisional service in the Health Service Department reckoned for increments. Consequent benefits, if not already disbursed, shall be disbursed to the petitioners, as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE. Jvt