IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 30602 of 2005(R) -------------------------- PETITIONERS: ---------------- 1. P.V.AMMINI, W/O.RAMAN, AGED 64 YEARS, LADY HEALTH INSPECTOR (RETD), NADAKKAPARAMBIL, EDAPPALLY, COCHIN. 2. THANKAMMA, W/O.A.P.KUTTAPPAN, AGED 57 YEARS, LADY HEALTH SUPERVISOR (RETD), AMMOLIKKAL HOUSE, CHOTTANIKKARA. 3. T.M.BHAVANI, W/O.GOPALAN, LADY HEALTH INSPECTOR (RETD), ODATHUVALAPPIL, MALAPPURAM. 4. V.T.THANKAM, W/O.KUMARAN, AGED 64 YEARS, LADY HEALTH INSPECTOR (RETD), VITHIVILASAM, THARUVANA, MANANTHAVADY, NORTH WAYANADU. BY MR.P.P.JACOB, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE (C) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. OFFICE OF THE ACCOUNTANT GENERAL (A&E), M.G.ROAD, TRIVANDRUM. BY MR.DILEEP MOHAN, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.30602/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JUDGEMENT IN W.P.(C).36434/04 DATED 16.12.2004. EXT.P2: COPY OF ORDER ISSUED BY GOVT. VIDE NO.4822/C-1/2005 DATED 8.6.2005. EXT.P3: COPY OF THE MEMORANDUM ISSUED BY THE P.S.C DTD.14.8.75. EXT.P4: COPY OF THE PROCEEDINGS OF THE DIRECTOR HEALTH SERVICE DATED 3.9.75. EXT.P5: COPY OF THE ORDER ISSUED BY DIRECTOR OF HEALTH SERVICE DTD.16.12.77. TRUE COPY P.A TO JUDGE. S.SIRI JAGAN,J ========================= W.P.(C).No.30602 of 2005 ========================== Dated this the 4th day of February, 2010 JUDGMENT Petitioners are retired Nurses of the Heath Department of the Government of Kerala. They were appointed by special recruitment through Public Service Commission and after appointment they were sent for training for two years. They have retired from service. Their grievance in this writ petition is that their training period has not been counted for service and pensionary benefits. According to them, such training period has been counted for pensionary benefits in the case of other similarly placed employees of the Health Department itself. In view of the said specific contention of the petitioner, I passed the following order in this writ petition on 3.12.2009:- “Counsel for the petitioners submits that the Government in taking a pick and choose attitude in giving service benefits including the training period also, in respect of some persons and denying the same to the petitioners. The petitioners have specifically stated the names of some persons to whom the benefit which the petitioners seek in this writ petition has been granted. Nothing has been placed on record to disprove the same. If the W.P.(C).No.30602/2005 2 contention of the petitioners is correct, then the same amounts to discrimination. The Government cannot distribute largesse to Government servants at their whims and fancies. If some among similarly placed persons are given one benefit, the same cannot be denied to others similarly situated unless there are specific reasons for such discriminatory treatment. In view of the specific contention of the petitioners that similarly placed other persons have been given the benefit, the learned Government Pleader seeks time to obtain instructions on the same. Post in the weekly list commencing from 14.12.2009.” 2. Respondents have not been able to place on record any material contradicting the averments of the petitioner. 3. In the above circumstances, I am satisfied that the petitioners have been discriminated in the matter of granting service benefits. In the above circumstances, this writ petition is allowed. Ext.P2 is quashed. There would be a direction to the respondents to count the period of training undergone by the petitioners also for service benefits including retirement benefits. Orders in this regard shall be passed and arrears of W.P.(C).No.30602/2005 3 monetary benefits disbursed to the petitioners as expeditiously as possible, at any rate, within three months form the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE dvs