IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 W.P(C).No. 23973 of 2008(D) -------------------------- PETITIONER: ------------ SUNITHA O.KADAILAZHIKATHU VEEDU, ULIYACOVIL, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. SMT. M.R. SREELATHA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.23973 of 2008 -------------------------- Dated this the 26th August, 2008 J U D G M E N T The petitioner was appointed as Hospital Attendant Gr.II for a period of 180 days under Rule 9 (a) (i) of Part II, K.S & S.S.R by Exhibit P1 order dated 03.7.2003 issued by the District Medical Officer, Kollam. By Exhibit P1, besides the petitioner 139 other persons were likewise appointed. Pursuant to Exhibit P1, the petitioner worked as Hospital Attendant Gr.II in the District Hospital Kollam during the period from 11.8.2003 to 06.02.2004 and her services were terminated with effect from 6.2.2004. The Government have by Exhibit-P3 taken a decision to regularize the services of majority of the persons appointed along with petitioner in Exhibit P1. The petitioner contends that she is also liable to regularized in service as the services of majority of the persons appointed along with her in Exhibit P1 have been regularized. The petitioner therefore submits that she is W.P ( C) No.23973 of 2008 2 also liable to be regularized in service and that the action of the Government in ignoring her claim is arbitrary and discriminatory. 2. I have heard Smt. M.R. Sreelatha, the learned Senior Government Pleader appearing for the respondents as well. The learned Government Pleader submits that persons appointed along with the petitioner continued in service by virtue of interim orders passed by this Court and that by Exhibit P3 their services were regularized. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from Exhibit P3 that the Government have taken a conscious decision to regularize the services of majority of the persons appointed along with the petitioner in Exhibit P1 as Hospital Attendants Gr.II on a provisional basis for a period of 180 days. In my opinion, the claim of the petitioner for such regularization also deserves to be considered by the Government. In these circumstances, I dispose of this writ petition with a direction that in the event of the petitioner filing a W.P ( C) No.23973 of 2008 3 representation before the Secretary to Government, Health & Family Welfare Department, within two weeks from today along with a copy of this judgment claiming the benefit of regularization extended to her co-workers appointed as per Exhibit P1, the Secretary to Government, Health and Family Welfare Department shall consider the same, take a decision thereon and communicate the decision to the petitioner. The Secretary to Government, Health and Family Welfare Department shall also afford the petitioner an opportunity of being heard. Orders in the matter shall be passed within six weeks from the date on which the petitioner submits the representation along with a copy of this judgment. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.23973 of 2008 4 W.P ( C) No.23973 of 2008 5