IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2510 of 2009(W)
1. T.R.BEENAKUMARI, W/O.K.M.SIVARAMAN,
... Petitioner
Vs
1. THE GOVERNMENT OF KERALA, REPRESENTED
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.C.V.MILTON
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/01/2009
O R D E R
T.R. Ramachandran Nair, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.2510/2009-W
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 23rdday of January, 2009
J U D G M E N T
The petitioner is working as a Staff Nurse Grade-I at Primary
Health Centre, Kodakara. Before her regular appointment as per Ext.P1, she
was having a provisional service for a period of 4 years and 10 months and
4 days under Rule 9(a)(i) Part-II of K.S. & S.S.R with a break of service of
18 months. Exts.P2 to P4 are the orders produced by the petitioner to show
that she had secured appointment on that basis in the Medical College
Hospital, Thrissur, Government Hospital, Nadapuram and Medical College
Hospital, Mulamkunnathukavu, Thrissur.
2. According to the petitioner, going by Note 2 under Rule 33
Part-I K.S.R, the period of provisional service could be counted for the
purpose of granting increments, and even though this was deleted with
effect from 01/10/1994, as the provisional service rendered by her are
before the said date, she is entitled to be granted the benefit.
The petitioner has produced Ext.P5 order in respect of similarly placed
persons to show that the Government have deleted the said decision with
effect from 01/10/1994. But it is pointed out by Ext.P6 that the
Superintendent, Medical College Hospital, Kottayam has reckoned the
period of provisional service (7 months and 18 days) for the purpose of
W.P.(C) No.2510/2009
-:2:-
increment under the relevant rule of granting the benefits. Presently, the
dispute is regarding the period of service from 04/04/1987 to 07/01/1988 at
Medical College Hospital, Thrissur and from 08/01/1988 to 21/06/1991 at
Government Hospital, Nadapuram. Seeking for such a relief, she has filed
Ext.P7 representation before the Director of Health Services (second
respondent). The petitioner has sought for appropriate directions to the
second respondent to take action in the matter.
3. Heard the learned Government Pleader. There will be a
direction to the second respondent to consider and pass orders on Ext.P7 in
accordance with law within a period of three months from the date of receipt
of the copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms