IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 6790 of 2011(W) --------------------------------------- PETITIONER(S): ------------------------ SHEEBA S., AGED 36 YEARS, D/O. SIVADASAN, PASS COUNTER STAFF, HOSPITAL DEVELOPMENT COMMITTEE, GENERAL HOSPITAL, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FAMILY AND HEALTH DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM , CHAIRMAN, HOSPITAL DEVELOPMENT COMMITTEE, THIRUVANANTHAPURAM-695001. 3. THE SUPERINTENDENT, GENERAL HOSPITAL, THIRUVANANTHAPURAM-695 016. 4. THE HOSPITAL DEVELOPMENT COMMITTEE, REPRESENTED BY ITS SECRETARY, GENERAL HOSPITAL, THIRUVANANTHAPURAM-695 016. R1 TO R4 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6790 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2011 J U D G M E N T The petitioner was appointed as a counter staff in the General Hospital, Thiruvananthapuram by Ext.P1 order for a period of 179 days. The petitioner has been re-appointed regularly with a break of two or three days after completing 179 days. The petitioner aspires to continue in the post till the petitioner attains 55 years. According to the petitioner, by Ext.P3 judgment, this Hon'ble Court has granted similar relief to others similarly situated in W.P (C) No.19510/2005. The petitioner contends that, the petitioner is also entitled to similar treatment. The petitioner tried to file a representation seeking the benefit of Ext.P3 judgment. That representation is not being accepted even. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: (i) Declare that the petitioner is entitled the benefit of Exhibit P3 judgment treating that the petitioner is also a W.P.(C)No. 6790 of 2011 -2- similarly situated person like the petitioners in Exhibit P3 judgment. (b) Issue a writ of mandamus , order or direction directing the respondents to allow the petitioner to continue as daily wage employee till the age of 55 years on condition that she will give an undertaking to the effect that, she will not claim regularisation of service.” Having heard the learned Government Pleader also, I dispose of this writ petition with the following directions: If the petitioner files a representation seeking the benefit of Ext.P3 judgment within two weeks from today, the 3rd respondent shall consider as to whether the petitioner is similarly situated like the petitioners in Ext.P3 and pass appropriate orders on that representation in accordance with law, as expeditiously as possible, at any rate within a period of one month from the date of receipt of that representation. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/