IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 7533 of 2008(V) ------------------------- PETITIONERS: ------------ 1. INDU I.P., T.C.14/714, CHETTIKUNNU, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-11. WORKING AS STAFF NURSE (TEMPORARY) SANATORIUM FOR CHEST DISEASES, POLAYANARKOTTA 2. M. REGINA, 8TH ROOMS LINE, NADAYAR ROAD, MUNNAR P.O. WORKING AS STAFF NURSE (TEMPORARY) SANATORIUM FOR CHEST DISEASES, POLAYANARKOTTA 3. ARUN KRISHNA, S/O. KESAVANKUTTY, KRISHNAGIRI, KATTAYIKONAM P.O.,THIRUVANANTHAPURAM. WORKING AS STAFF NURSE (TEMPORARY) SANATORIUM FOR CHEST DISEASES, POLAYANARKOTTA 4. JISHA SUGUNAN, D/O.SAROJINI SUGUNAN, PORAPPILLIL HOUSE, PIOUS MOUNT P.O., MONIPALLY (VIA), KOTTAYAM. WORKING AS STAFF NURSE (TEMPORARY) SANATORIUM FOR CHEST DISEASES, POLAYANARKOTTA 5. SINI S.L., KIZHAKKUMPURAM VEEDU, CHALAKKUZHY LANE, PATTOM P.O., THIRUVANANTHAPURAM. WORKING AS STAFF NURSE (TEMPORARY) SANATORIUM FOR CHEST DISEASES, POLAYANARKOTTA 6. T. SANGEETHA, D/O. THANGAVELU, LAKSHMI ESTATE, MIDDLE DIVISION, MUNNAR P.O. WORKING AS STAFF NURSE (TEMPORARY) SANATORIUM FOR CHEST DISEASES, POLAYANARKOTTA BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: ------------- WP(C).No. 7533 of 2008 -2- 1. SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. 4. SUPERINTENDENT, SANATORIUM FOR CHES DISEASES, PULAYANARKOTTA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).7533/2008 -------------------- Dated this the 24th day of March, 2008 JUDGMENT Petitioners were appointed as Staff Nurses under Exts.P1 and P2 orders, on a provisional basis. They, having successfully completed General Nursing and Midwifery training, were appointed in the scale of pay of Rs.7480-11910/-, in the Health Services Department. By Ext.P3 order dated 10.8.2006, Government issued specific orders as regards the remuneration payable as well as the period of service of bonded nurses appointed as Staff Nurses, on temporary basis. Instead of wages in the scale of pay applicable to the post, Government directed that such persons will be granted monthly honorarium of Rs.7480/-. Apparently, on the basis of Ext.P3, P4 proceedings were issued by the Assistant Audit Officer noting that excess amounts have been drawn by the petitioners and directed recovery of the same. Petitioners filed Ext.P5 representation against Ext.P4, before the Superintendent. Challenging Ext.P4 they have approached this Court. W.P.(C).7533/2008 2 2. I heard learned counsel for the petitioners and the learned Government Pleader. 3. The question is whether the petitioners are governed by Ext.P3. They contend that they are not, in the light of the fact that they were appointed prior to Ext.P3 and their salary must be governed by the terms contained in Exts.P1 and P2. In my view, this is a matter which has to engage the attention of the Government. 4. Accordingly, writ petition is disposed of directing the fourth respondent to forward Ext.P5 to the Government within one month from the date of receipt of a copy of this judgment. Petitioners are at liberty to supplement Ext.P3, which also they shall do within one month from the date of receipt of a copy of this judgment. There upon, first respondent shall, after hearing the petitioners or one among them or a representative, take a decision on such representation W.P.(C).7533/2008 3 with specific reference to the objection of the petitioners that they are not governed by Ext.P3, because they were appointed prior to the issuance of the same. The decision shall be taken within three months from the date of receipt of the representation. No recovery shall be effected from the petitioners, till a decision is taken by the Government as aforementioned. V.GIRI, Judge mrcs