High Court Kerala High Court

Usman Haliyadan vs State Of Kerala on 2 August, 2010

Kerala High Court
Usman Haliyadan vs State Of Kerala on 2 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24190 of 2008(Y)


1. USMAN HALIYADAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SECRETARY
                       ...       Respondent

2. THE DIRECTOR OF URBAN AFFAIRS,

3. THE DIRECTOR OF LOCAL FUND

4. THE DEPUTY DIRECTOR OF LOCAL

5. KOOTHUPARAMBA MUNICIPALITY,

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/08/2010

 O R D E R
                  ANTONY DOMINIC, J.
                  ~~~~~~~~~~~~~~~
           W.P.(C) Nos.24190 & 24333 of 2008
         ~~~~~~~~~~~~~~~~~~~~~~~~~
         Dated this the 2nd day of August 2010


                     J U D G M E N T

Petitioners are Health Inspectors in the Municipal

Common Service.

2. The petitioner in W.P.(C)No.24190/08 is working

in the Koothuparamba Municipality and petitioners in W.P.

(C)No.24333/08 are Health Inspectors in the Palakkad

Municipality.

3. In so far as the petitioner in W.P.(C)No.24190/08

is concerned, before joining service in the Municipal

Common Service on 22.4.1991, he worked as Health

Inspector in the Health Department on a provisional basis

during the period from 5.11.1986 to 22.4.1991. In so far

the 1st petitioner in W.P.(C)No.24333/08 is concerned, he

worked on provisional basis as Junior Health Inspector

W.P.(C) Nos.24190 & 24333 of 2008

-: 2 :-

Grade II for the period from 20.10.1986 to 4.10.1991, when

he joined on regular basis. The 2nd petitioner in W.P.(C)

No.24333/08 also worked as Junior Health Inspector Grade

II during the period from 10.10.1986 to 11.4.1991, when

he joined service on regular basis.

4. Claim of the petitioners is that they are entitled

to have their provisional service also for reckoning service

benefits. According to the petitioner, since the Government

decision No.2 under Rule 33, Part-I of K.S.R was deleted

with effect from 1.10.1994, they stopped the practice of

granting increments to employees reckoning provisional

service on getting regular appointment.

5. In the counter affidavit filed on behalf of the 3rd

respondent, it is stated that since the petitioners are

employees in the Municipal Common Service, they are not

entitled to have their provisional service in the Health

Department reckoned for service benefits. However, a

reading of Ext.P6 judgment of this Court in O.P.No.23651

of 1998 and connected cases and Ext.P7 order of the

W.P.(C) Nos.24190 & 24333 of 2008

-: 3 :-

Director of Urban Affairs dated 16.8.2007 shows that in

respect of similarly situated employees, such benefits have

been granted. In the light of the above and as the claim of

the petitioners is identical, I see no reason to deny the

prayers of the petitioners.

6. Having regard to the above, I dispose of these

writ petitions declaring that the petitioners are entitled to

have their prior provisional service in the Health Service

Department reckoned for increments. Consequent benefits,

if not already disbursed, shall be disbursed to the

petitioners, as expeditiously as possible, at any rate, within

eight weeks from the date of production of a copy of this

judgment.

Writ petitions are disposed of as above.

ANTONY DOMINIC, JUDGE.

Jvt