IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 18820 of 2007(M) -------------------------------------- PETITIONER: ------------------- O.ANIL KUMAR, LAB TECHNICIAN, REGIONAL PUBLIC HEALTH LABORATORY, KOZHIKODE DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 18820 of 2007 -------------------------- Dated this the 23rd January, 2008 J U D G M E N T The petitioner is a Lab Technician in the Regional Public Health Laboratory, Kozhikode. He was provisionally appointed with effect from 9.11.1987. His services were disengaged. But later he was again appointed on a provisional basis for more than one occasion. Ultimately, he was appointed on regular service with effect from 1.1.1993. According to the petitioner, his provisional service is also eligible to be reckoned for the purpose of increment. He refers to the judgment of this Court in W.A. No.3208 of 2000 as also the decision of the Full Bench in State of Kerala Vs. Ponnamma [2005 (4) KLT 987]. Petitioner's claim as contained in Exhibit P1 is pending before the District Medical Officer - the 3rd respondent. After having heard the learned Government Pleader also, this writ petition is disposed of directing the 3rd respondent to forward Exhibit P1 to the 2nd respondent, within one month from the date of receipt of a copy of this judgment. Thereupon, the 2nd W.P ( C) No. 18820 of 2007 2 respondent shall consider Exhibit P1 in the light of the judgments mentioned above and take a decision thereon, after hearing the petitioner, within two months thereafter. (V.GIRI, JUDGE) ma W.P ( C) No. 18820 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007