IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31251 of 2008(U)
1. K.SATHYABHAMA, JUNIOR PUBLIC HEALTH
... Petitioner
2. ANNAMMA JOHN, JUNIOR PUBLIC HEALTH
3. R.SREEDEVI, JUNIOR PUBLIC HEALTH NURSE
4. V.PADMINI, JUNIOR PUBLIC
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. DIRECTOR OF HEALTH SERVICES,
3. DISTRICT MEDICAL OFFICER FOR HEALTH
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/10/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO: 31251/2008
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Dated this 23rd day of October, 2008
JUDGMENT
The petitioners are presently working as Junior Public Health
Nurses Grade II in Wayanad District. They entered regular service in
1993-94. Prior to their regular appointment, they had rendered
provisional service in various Public Health Centres. The petitioners
submit that as they had rendered provisional service prior to 1-10-
1994 they are entitled to reckon the said service as well for the
purpose of grant of increments in terms of the Government Decision
under Rule 33 of Part I of the Kerala Service Rules, hereinafter
referred to as the “K S R” for short. The petitioners rely on the
decision of this Court in State of Kerala v. Ponnamma 2005(4) KLT
1987 in support of the said contention. The petitioners submit that
claiming the benefits of Government Decision under Rule 33 of Part I
of the KSR as it stood immediately prior to 1-10-1994 they have filed
Exts.P11 to P14 representations before the Secretary to Government,
Health and Family Welfare Department and that the Secretary to
Government, Health and Family welfare department may be
directed to consider the request made therein and take a
W.P.(C) NO: 31251/2008
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decision thereon within a time limit fixed by this Court.
2. On the terms of Rule 33 of Part I of the KSR as it stood
immediately prior to 1-10-1994, provisional service on regularisation with
or without break in the same category of post will be treated as officiating
service ab initio for the limited purpose of granting of increments. Rule
33 of part I of the KSR was amended with effect from 1-10-1994.
Therefore, as the petitioners have rendered provisional service prior to
1-10-1994 the claim made by them in Ext.P11 to P14 merits consideration
at the hands of the State Government.
In this circumstances, I dispose of the writ petition with a
direction to the Secretary to Government, Health and Family Welfare
Department to consider the request made by the petitioner in Exts.P11 to
P14 representations and take a decision thereon after giving one among
the petitioner an opportunity of being heard. This shall be done within
four months from the date of receipt of a copy of this judgment.
P.N.RAVINDRAN,JUDGE
bps
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