IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 27577 of 2011(V) -------------------------- PETITIONERS: --------------- 1. SELVI.S., STAFF NURSE, MENTAL HEALTH CENTRE, THIRUVANNANTHAPURAM-5. 2. RESMI L. NAIR, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THIRUVANNANTHAPURAM-11. 3. SREEJA S., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THIRUVANNANTHAPURAM-11. 4. ASHA D.S, STAFF NURSE, S.A.T. HOSPITAL, THIRUVANNANTHAPURAM-11. 5. SABITHA S.R, STAFF NURSE, W&C HOSPITAL, THYCAUD, THIRUVANNANTHAPURAM. 6. VINOD KUMAR N, COMMUNITY HEALTH CENTRE, VITHURA, NEDUMANGAD, THIRUVANNANTHAPURAM DISTRICT. 7. PREETHA R.S, MADHAVILASOM, CHEELAPPARA, P.O.PAYAD, THIRUVANNANTHAPURAM. 8. REJANI R., STAFF NURSE, GOVERNMENT HOSPITAL, PARASSALA, THIRUVANNANTHAPURAM. 9. SANGEETHA S., UTHRADAM, PERUKAVU P.O., THIRUMALA,THIRUVANNANTHAPURAM-73. 10. SAJITHA M, STAFF NURFSE, COMMUNITY HEALTH CENTRE,VITHURA, THIRUVANNANTHAPURAM DISTRICT. BY ADV. MS. SREEDEVI KYLASANATH MR. V.SADASIVAN MS. SHALEENA RAJAN W.P.(c) NO. 27577 OF 2011 :2: RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANNANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALH SERVICES, THIRUVANNANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANNANTHAPURAM. 4. THE SUPERINTENDENT, MENTAL HEALTH CENTRE,THIRUVANNANTHAPURAM-5. 5. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL,THIRUVANNANTHAPURAM-11. 6. THE SUPERINTENDENT, SAT HOSPITAL, THIRUVANNANTHAPURAM-11. 7. THE SUPERINTENDENT, W & C HOSPITAL, THYCAUD,THIRUVANNANTHAPURAM 8. THE SUPERINTENDENT, GOVERNMENT HOSPITAL, PARASSALA, THIRUVANNANTHAPURAM DISTRICT. 9. THE SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL, THIRUVANNANTHAPURAM 10. THE SUPERINTENDENT, COMMUNITY HEALTH CENTRE, VITHURA, NEDUMANGAD, THIRUVANNANTHAPURAM DISTRICT. BY GOVERNMENT PLEADER MR. E.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) NO. 27577 OF 2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT DATED 14/10/2005 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P1. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 15/2/2008 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P2. EXHIBIT P3 TRUE COPY OF THE AUDIT OBJECTION. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20/12/2010. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 24/3/2008 IN WPC 7533/2008. EXHIBIT P6 TRUE COPY OF THE G.O.DATED 5/9/2009. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 10/09/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 27577 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of November, 2011 JUDGMENT The petitioners, who are appointed as Staff Nurse for five years on bonded obligation in the pay scale of Staff Nurse Gr.II i.e 4500 - 7000 (pre - revision) by the third respondent, seek for the benefit of Ext. P6 Government Order dated 05.09.2009. 2. The learned counsel for the petitioners submits that exactly similar issue had come up for consideration of this Court, when the matter was directed to be considered vide Ext. P5 judgment in W.P.(C) No. 7533 of 2008, pursuant to which, it was considered and Government Order bearing No. G.O. (Rt) No. 2552/2009/H&FWD dated 05.09.2009 came to be issued, whereby their grievance was caused to be redressed. The said G.O. has been produced as Ext. P6 in this Writ Petition. It is stated that the petitioners herein are also entitled to have the similar benefit, for which, the first petitioner has already approached the first respondent by filing Ext. P7 representation. 3. Heard the learned Government Pleader as well. W.P. (C) No. 27577 of 2011 : 2 : 4. Considering the facts and circumstances, the first respondent is directed to consider Ext. P7 and such other representations to be submitted by other petitioners, in the light of Ext. P6 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along with the representations to be submitted by the petitioners other than the first petitioner before the first respondent for further steps. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd