IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 RP.No. 246 of 2008(M) --------------------- AGAINST THE JUDGEMENT IN WPC.35828/2007 Dated 04/12/2007 .................... REVIEW PETITIONER/RESPONDENTS IN WP: ----------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HEALTH & FAMIL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, ALAPPUZHA. 4. THE PRINCIPAL, T.D. MEDICAL COLLEGE, ALAPPUZHA. BY GOVERNMENT PLEADER RESPONDENTS: PETITIONERS IN THE WP: ----------------------------------- 1. K.N. SATHYAPALAN, KONTHAMPARAMBIL, KAINADI P.O., ALAPPUZHA, NOW WORKING AS ATTENDER GRADE II, MEDICAL COLLEGE, ALAPPUZHA. 2. O.AZEEZ, VRIKISHAVILASOM, VANDANAM P.O., ALAPPUZHA, NOW WORKING AS ATTENDER GRADE II, MEDICAL COLLEGE, ALAPPUZHA. BY ADV. SRI.P.SANJAY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- R.P. 246/2008 -------------------- Dated this the 28th day of February, 2008 ORDER Heard learned counsel for the writ petitioners Mr.Sanjay and the learned Government Pleader. The following direction in the judgment dated 4.12.2007 in W.P.(C). 35828/2007 alone is the subject matter of review, going by the submission made by the learned Government Pleader. “It is made clear that the fourth respondent, while effecting any temporary appointments to the post of Nursing Assistants or Hospital Attendants Grade-I, shall do so only in conformity with Ext.P1 and not in derogation of the same” Learned Government Pleader submits that the directions issued as above, was on the premise that Ext.P1 Government Order was in force on the date of the judgment. But as a matter of fact, Ext.P1 Government Order was modified by Annexure-A order dated 1.8.2007. R.P.246/2008 2 Reference is made to paragraphs 4 and 5 in Annexure-A order which reads as follows: “Until such appointments through Employment Exchanges are made, permission is granted to the Principals of all the Medical Colleges in the State to make daily wage appointment against the vacancies in the posts of part time Sweepers, Hospital Attendants Grade-II & Grade-I upto two months strictly on the condition that, they are liable to be terminated on joining of candidates selected through Employment Exchange/promotees from the feeder category whichever is earlier and they will not have any right for regularization. Permission is also granted to the Principals of Medical Colleges to fill up the vacancies of Nursing Assistants in the Medical College Hospitals purely on temporary daily wages basis for a period not exceeding 179 days from among the retired Nursing Assistants of age not exceeding 60 years, by giving local press announcement and by conducting walk-in- R.P.246/2008 3 interview, till the joining of permanent hands through Employment Exchange or by promotion.” Learned counsel for the writ petitioners Mr.Sanjay submits that apparently intention is to enable the Principal to make daily wages appointments, pending temporary appointments and the whole exercise will ultimately result in the delay of regular appointments without any justifiable reason. Learned Government Pleader submits that the appointments as contemplated by clause 4 and 5 of Annexure-A, are temporary appointments so are the appointments contemplated by Ext.P1 Government order. They are intended to operate only for a limited period. This submission is recorded. In the result, Review Petition is disposed of clarifying that the directions as contained in the judgment dated 4.12.2007, that “It is made clear that the fourth respondent, while effecting any R.P.246/2008 4 temporary appointments to the post of Nursing Assistants or Hospital Attendants Grade-I, shall do so only in conformity with Ext.P1 and not in derogation of the same”, will be substituted by the following sentence. “It is made clear that the fourth respondent while effecting any temporary/daily wages appointment to the post of Nursing Assistants or Hospital Attendants Grade-I shall do so in conformity with Annexure-A and any such provisional appointments will be necessarily be for the limited period as contemplated in Annexure-A.” Other directions which are issued in the judgment dated 4.12.2007 shall remain intact. V.GIRI, Judge mrcs