IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WA.No. 2698 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28188/2009 Dated 06/11/2009 .................... APPELLANT(S): PETITIONER ------------------------ N.GOPINATHAN PILLAI,AGED 56 YEARS, S/O.P.NARAYANA PILLAI,RETIRED HOSPITAL ATTENDER GRADE.I,RESIDING AT RAJESH MANDIRAM,NETAJI ROAD, VATTIYOOR KAVU.P.O,THIRUVANANTHAPURAM-695013. BY ADV. SRI.K.P.HARISH RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,HEALTH & FAMILY WELFARE (F)DEPARTMENT, GOVT SECRETARIAT,THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY,FINANCE DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL,OFFICE OF THE ACCOUNTANT GENERAL,THIRUVANANTHAPURAM. 4. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 5. DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2698 OF 2009 --------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The Writ Petition was filed with the following prayers: i. Call for the records leading to P6, P8, P16, P17, P18 and P22 and quash the same by issuing a writ of certiorari or any other writ, order or direction. ii. to declare that the petitioner is entitled to count his provisional service commencing from 08.03.1990, which continued upto 09.11.1998 along with his regular service for the purpose of granting/receiving pension and other service benefits. iii.issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to grant pension after reckoning the provisional service of the petitioner commencing from the period 08.03.1990 to 09.11.1998 as qualified service along with the regular service commencing from 01.03.2001 to 10.11.2008. iv.Call for the service records of Murukan T leading to issuance of Exhibit P11 and direct the 1st respondent to extent similar benefits to the petitioner also. W.A. NO. 2698/2009 2 The learned Single Judge dismissed the Writ Petition mainly on the basis of the Full Bench decision of this Court in State of Kerala v. Ponnamma, 2005(4) K.L.T. 987, holding that the provisional service regularized after 1.10.1994 cannot be taken into consideration for the purpose of pension and other service benefits. 2. According to the appellant/petitioner, in the case of those who have worked in the Filaria unit, the Government has granted such benefits, in view of the health hazards involved in the matter. One such instance referred to by the writ petitioner is that of Sri. Murukan. We find from Exts.P13 and P21 that the concerned Administrative Department, namely, the Health Department had recommended the case of the appellant/ petitioner for similar treatment as that of Sri. Murukan for counting the service rendered by him, as a field worker, for the purpose of service benefits. 3. Having heard the learned counsel for the appellant and the learned senior Government Pleader, we are of the view that prayer No.(iv) can be granted and the Government can be directed to consider the case of the petitioner, taking note also of the treatment extended to similarly W.A. NO. 2698/2009 3 situated field workers. Accordingly, we set aside the judgment of the learned Single Judge and dispose of the Writ Petition as follows: 4. The petitioner may file a comprehensive representation before the first respondent within a period of one month from today. Thereupon, the first respondent shall consider the matter, taking note also of the precedents pointed out by the writ petitioner, and pass appropriate orders, in accordance with law, within another three months. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2698/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2698/2009 JUDGMENT 30th November, 2009 W.A. NO. 2698/2009 5