IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 15669 of 2008(M) -------------------------- PETITIONER: --------------- P.GEETHA, AGED 42 YEARS, W/O.SATHYAPRAKASH, GEETHANJALY, CHEELANGATTUTHAZHEPARAMBA, PO CIVIL STATION, KOZHIKODE-673020. (STAFF NURSE AT CARDIAC CATHETERIZATION LAB AT MEDICAL COLLEGE HOSPITAL, KOZHIKODE). BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA HEALTH RESEARCH & WELFARE SOCIETY, THIRUVANANTHAPURAM. 3. THE REGIONAL ENGINEER, KERALA HEALTH RESEARCH & WELFARE SOCIETY, THIRUVANANTHAPURAM, MEDICAL COLLEGE, CAMPUS, KOZHIKODE-673 008. BY GOVT. PLEADER SMT. T.B. REMANY ADV. SRI.K.P.SATHEESAN ,SC,K.H.R.W.S FOR R2 SRI.ASOK M CHERIAN,SC,K.H.R.W.S THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15669 of 2008 -2- PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF G.O (RT) NO.1259/97/H&WD DATED 7.5.1997 OF THE 1ST RESPONDENT EXHIBIT-P2: TRUE COPY OF ORDER DATED 20.5.1997 OF THE 2ND RESPONDENT EXHIBIT-P3: TRUE COPY OF THE D.A ARREAR BILL SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER EXHIBIT-P4: TRUE COPY OF ORDER DATED 14.10.99 OF THE SUPERINTENDENT ICD CALICUT EXHIBIT-P5: TRUE COPY OF ORDER DATED 28.2.2000 OF THE SUPERINTENDENT, ICD, CALICUT EXHIBIT-P6: TRUE COPY OF ORDER DATED 4.2.2002 OF THE SUPERINTENDENT,ICD, CALICUT EXHIBIT-P7: TRUE COPY OF THE LETTER DATED 28.2.2006 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION DATED 1.3.2006 THE PETITIONER SUBMITTED A REPRESENTATION TO THE 2ND RESPONDENT EXHIBIT-P9: TRUE COPY OF LETTER DATED 24.1.2007 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT-P10:TRUE COPY OF THE REPRESENTATION DATED 15.7.2007 OF THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.15669 of 2008 -------------------------- Dated this the 22nd January,2009 J U D G M E N T The petitioner is working as a Staff Nurse under the Health and Family Welfare Department. As per Exhibit- P1 order dated 7.5.1997 she was deputed to the Cath Lab of Kerala Health Research and Welfare Society in the Medical College Campus at Kozhikode. Exhibit-P2 is the order posting her in the Medical College and accordingly she joined there on 24.5.1997 and continued there up to 23.5.2002. 2. Presently the dispute is regarding the D.A arrears that was due to her and the pension contribution from 1.1.1998 to 23.5.2002 which have not been remitted by the 2nd respondent in the provident fund account and her pension account. 3. Heard learned counsel for the petitioner and learned counsel appearing for the 2nd respondent. As per Exhibit-P9, the 3rd respondent has forwarded a bill along W.P ( C) No.15669 of 2008 2 with his recommendation to the 2nd respondent and the same has been forwarded for passing payment, at the earliest. In spite of the same, no action has been taken by the 2nd respondent. Therefore, the petitioner has filed Exhibit-P10 before the Government with copy to the 2nd respondent. Second respondent will take appropriate action on Exhibit-P9 and Exhibit P10 after considering the grievance raised by the petitioner therein to see that amounts are remitted in the respective accounts along with statutory interest. Action in this regard shall be finalised within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.15669 of 2008 3 W.P ( C) No.15669 of 2008 4