IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34272 of 2006(E)
1. PADMAKUMARI G.S.,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DISTRICT MEDICAL OFFICER (ISM),
3. MEDICAL OFFICER,
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.K.DENESAN
Dated :19/02/2007
O R D E R
K.K.DENESAN, J
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W.P.(C)NO.34272 of 2006
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Dated this the 19th day of February, 2007
JUDGMENT
The petitioner was appointed as Hospital Attender in the
Government Ayurveda Dispensary. The designation of the
petitioner is wrongly shown in the writ petition as Hospital
Attendant. This wrong statement will go to the root of the matter,
for nomenclature of the post is the most relevant factor. The
former post viz., Hospital Attendant is included in the special
rules i.e. Kerala Indigenous Medicine Subordinate Service
(amendment) Rules 1983. Under the above rules, Attender
Grade-I is category 11 and Attender Grade II is category 12.
Hospital Attendant in the Health Services Department is a post
coming within the last grade service.
2. One of the methods of recruitment to the post of Hospital
Attendant as laid down in the Last Grade Service Rules is direct
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recruitment from candidates sponsored by the Employment
Exchange hands as well, whereas the post of Attender Grade II
which comes within the subordinate service is a promotion post
of last grade service people. As far as posts within the last grade
service are concerned, Rule 9 of KS&SSR has no application. The
post of Attender Grade II which comes within the subordinate
service is governed by Rule 9 as also the other provisions of the
KS&SSR. The petitioner was appointed as per Ext.P1 order for a
period of 179 days. Evidently, the term prescribed has relevance
in the context of Rule 9, as aforesaid. The term of the service of
the petitioner was extended as per Ext.P2, on completion of 179
days, making it clear that the further term will also be for 179
days or Public Service Commission hands join duty.
3. The contention raised by the petitioner is based on the
decision of this Court in Vasanthi v state of Kerala (2006(1)
KLT 288). Necessarily, the thrust is on the rights available under
the provisions of the Special Rules for Last Grade Service. For
reasons aforesaid, the said rules will not have any application to
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the facts of this case. On the other hand, the provision which has
application is Rule-9 of KS&SSR. That being the position, the
petitioner cannot contend that she is eligible to continue in
service, as though, she has been appointed on a regular basis.
The distortion of facts by the petitioner to mislead this Court
deserves to be taken serious note of and dealt with by imposing
exemplary costs. I dismiss this writ petition. However,without
any order as to costs, because the petitioner hails from poor
circumstances and what she could gain is wages for a few more
days work in one of the lowest categories in service; on the
strength of the interim order. The petitioner is warned not to
indulge in such gimmicks hereafter.
K.K.DENESAN, JUDGE
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