IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31410 of 2010(A)
1. SOPHY V.K., LADY HEALTH INSPECTOR,
... Petitioner
2. KOCHU RANI.V.V.,
Vs
1. THE DIRECTOR OF HEALTH SERVICES,
... Respondent
2. THE MEDICAL OFFICER IN-CHARGE,
3. THE SECRETARY TO GOVERNMENT,
4. THE DISTRICT HEALTH MEDICAL OFFICER
For Petitioner :SMT.SREEDEVI KYLASANATH
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/10/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.31410 OF 2010
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Dated this the 13th day of October, 2010
J U D G M E N T
The petitioners are Public Health Nurse Gr.II in the Health
Department of the Government of Kerala. Prior to joining regular
service they had provisional service. Their grievance in this writ
petition is that their provisional service has not been reckoned for
the purpose of granting them increments. Seeking this relief,
they have submitted Exts.P4 and P5 representations before the
third respondent. They seek a direction to the third respondent
to dispose of Exts.P4 and P5 representations expeditiously.
2. I have heard the learned Government Pleader also.
The learned Government Pleader points out that although the
provisional service of the petitioners were prior to 1.10.1994, for
getting their provisional service reckoned, they had to submit
applications within the time limit prescribed by the Government,
which the petitioners have not done. Therefore, they cannot now
claim the benefits on the basis of provisional service, he
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contends.
2. I have considered the rival contentions in detail.
Whether, because of non-submission of application within the
prescribed time, the petitioners are ineligible for the benefit
sought by them, is also a matter, which the third respondent
can consider while disposing of Exts.P4 and P5.
Accordingly, this writ petition is disposed of with a
direction to the third respondent to consider and pass orders
on Exts.P4 and P5, in accordance with law, as expeditiously as
possible, at any rate, within three months from the date of
receipt of a copy of this judgment.
S. SIRI JAGAN, JUDGE
acd
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