Pharmacists seeking increments for pre-1994 provisional service sought relief in this writ petition. The High Court dismissed the petitions, relying on the Full Bench judgment in State of Kerala v. Ponnamma which covered similar claims.
Dismissal of writ petitions seeking increments for provisional service prior to 1.10.1994.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929
WP(C).No. 1255 of 2008(Y)
PETITIONERS:
1. U. SURESAN, S/O. KUNHAMBU V.,
PHARMACIST GRADE I, GOVERNMENT AYURVEDA HOSPITAL,
CHERUKUNNU P.O., THAVAM, KANNUR DISTRICT.
PHARMACIST GRADE I, GOVERNMENT AYURVEDA HOSPITAL, MATTOOL, KANNUR DISTRICT.
PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY CHENGALAYI P.O., KANNUR DISTRICT.
PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY KANKOL, KANKOL P.O., KANNUR DISTRICT.
PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY IRIKOOR, KANNUR DISTRICT.
PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY KOODALI P.O., PATTANNUR, KANNUR DISTRICT.
WP(C).No. 1255 of 2008 :: 2 ::
7. T.P. SREENIVASAN, PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY PAYYAVOOR, KANNUR DISTRICT.
KARRISSERIL (H), PARIPPAYI, CHENGLAYI P.O., SREEKANDAPURAM, KANNUR (PHARMACIST GRADE I, GOVERNMENT AYURVEDA DISPENSARY, PATTUVAM P.O., THALIPARAMBU).
BY ADV. SRI.PHILIP M.VARUGHESE
RESPONDENTS:
BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.P.(C)NO.1256/08 ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI, J.
W.P.(C).Nos.1255, 1256, 1257, 1258, 1265, 1266, 1 304, 1305, 1306, 1307, 1328, 1329 & 1330 of 2008
Dated this the 10th day of January, 2008.
JUDGMENT
The petitioners are working as Pharmacists in the Health Services Department. They were advised by the Public Service Commission and were appointed pursuant to the same. According to the petitioners, they had worked on provisional basis in the same post, prior to the commencement of their regular service. They seek increments on the basis of the provisional service rendered by them prior to 1.10.1994.
In the result, the writ petitions are dismissed.
Sd/- (V.GIRI) JUDGE
sk/
//true copy//
W.P.(C).NO.1331/08
:: 2 ::
2 issues framed by the court
Whether increment can be granted for provisional service rendered prior to 1.10.1994 by pharmacists appointed via PSC.
Whether the Full Bench judgment in State of Kerala v. Ponnamma applies to the petitioners' claim.
Colour shows how this judgement treated each authority
State of Kerala v. PonnammaRelied on¶41
State of Kerala v. Ponnamma {2005 (4) K.L.T. 987}
U. Suresan
Ismail Karayil
The State of Kerala
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
