IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 16112 of 2008(R) ---------------------------------------- PETITIONERS: ---------------------- 1. SREELATHA, `SANGEETHA', NADUVATHUCHERRY, THEKKUMBHAGOM, CHAVARA SOUTH PO, KOLLAM-691 584. 2. SANTHINI.B., KUNNUMPURATHU VEEDU, VELLANATHURU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY, KOLLAM-690 518. 3. GIRIJA.B., KUNNUMPURATHU VEEDU, VELLANATHURU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY, KOLLAM-690 518. 4. REMLATH BEEVI.M., PATTALATHARA HOUSE, MEENATHUCHERRY, KAVANAD P.O., KOLLAM. 5. SUMANGALA.S., HARIJAN COLONY, SAMBRANICODI, PRAKKULAM, KOLLAM-691 602. 6. NASEEMA BEEVI, KIZHAKKANAZHIKAM VEEDU, PANTHRANDUMURI, THATTAMALA P.O., KOLLAM. 7. LAILA DEVI.S., SANIF BHAVAN, ANCHALAZHIKAM, MAYYANAD P.O., KOLLAM-691 303. 8. A.SISUPALAN, MOOLAYIL VEEDU, KANNIMELCHERRY, KILIKOLLOOR P.O., KOLLAM-4. 9. VASUNTHARA, RAJU MANDIRAM, MAYYANAD P.O., KOLLAM. Kss ..2/- ...2.... WPC.NO.16112/2008R 10. LEELAMMA, RAJEEV BHAVAN, AYATHIL P.O., KOLLAM. 11. SUDHA.N., PANDASSERIL VEEDU, ARUNOOTTIMANGALAM, MANGAD P.O., KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-11. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM, PIN-691 013. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008 ALONG WITH WPC.NO.15293 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) Nos.16112 & 15293 of 2008 -------------------------- Dated this the 17th June, 2008 J U D G M E N T Common issues arise for consideration in these writ petitions which have been heard together and therefore they are being disposed of by a common judgment. Petitioners were sponsored by the District Employment Office, Kollam for appointment as Hospital Attender Gr.II in the Health Services Department, as evidenced by Exhibit-P1. According to them, they had continued in service for more than two years. Some of them are even now continuing as Attenders/Sweepers on daily wages. Government issued Exhibit-P2 order by which physically handicapped temporary workers were regularised. But later, they issued an order extending the benefit to other persons. Without granting the benefit of regularization, steps were taken to discharge the services of the petitioners. They approached this Court and by Exhibit P3 judgment their claim was directed to be W.P ( C) Nos.16112 & 15293 of 2008 2 considered. Petitioners were informed that they will be given preference in the matter of appointment in future vacancies. But apparently that was not done. In the meanwhile, Government issued Exhibit P8 order regularizing 908 temporary employees who were working as Hospital Attender Gr.II. But petitioners names were not included in Exhibit-P8. They approached this Court. This Court directed the 3rd respondent to take a decision on the request made by the petitioners. The 3rd respondent forwarded the entire files to the 2nd respondent. Second respondent rejected their claim under Exhibit P9. 2. After the writ petition was filed, petitioners moved the Government vide Exhibit P10. 3. I heard learned counsel for the petitioners Mr.Dr.K.P.Satheesan and learned Government pleader. 4. The reasons stated in Exhibit P9 that petitioners had approached this Court only after 10 years by itself does not seem to be sustainable. Going by Exhibit P4, temporary hands whose services were dispensed with were entitled to seek regularisaition in the vacancies in future. Therefore, W.P ( C) Nos.16112 & 15293 of 2008 3 if similarly situated persons have been regularized, there is no reason why the petitioners' claim ought not to have been accepted. In the result, the writ petitions are disposed of directing the 1st respondent to consider and pass orders on Exhibit P10, within a period of two months from the date of receipt of a copy of this judgment in the light of the observations herein, if necessary, after hearing the petitioners. (V.GIRI, JUDGE) ma W.P ( C) Nos.16112 & 15293 of 2008 4 W.P ( C) Nos.16112 & 15293 of 2008 5