The High Court of Kerala dismissed the Special Leave Petition by Ashok Bhushan concerning a nursing staff member's appeal against a State Government order rejecting her claim for reckoning of provisional service to be recognized.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937
WA.No. 1731 of 2010
WP(C) 19621/2010, DATED 24-06-2010
APPELLANT(S)/WRIT PETITIONER:
AMMINI.K.A, STAFF NURSE GRADE I, COMMUNITY HEALTH CENTRE, PIRAVOM, ERNAKULAM DISTRICT, "MANDAPATHIL" NEAR FIRE STATION, PIRAVOM (PO), ERNAKULAM.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENT(S)/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM.
3. THE DISTRICT MEDICAL OFFICER, ERNAKULAM.
4. THE SUPERINTENDENT,
BY SENIOIR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WA.No. 1731 of 2010
APPENDIX
PETITIONERS' ANNEXURES
ANNEXURE A: COPY OF THE GOVERNMENT ORDER G.O.(RT)NO.950/2010/H & FWD ISSUED BY R1
ANNEXURE B: COPY OF THE REPRESENTATION DATED 1-2-2009 (ALONG WITH ITS ENGLISH TRANSLATION)
RESPONDENTS' ANNEXURE
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
ASHOK BHUSHAN, C.J. &
A.M. SHAFFIQUE, J.
================
W.A. No. 1731 of 2010
==================
Dated this, the 29th day of January, 2016
J U D G M E N T
Ashok Bhushan, C.J.
Heard. This writ appeal has been filed against judgment dated 24th June, 2010 in WP(C) No. 19621/2010 by which judgment the writ petition filed by the petitioner has been dismissed. Petitioner, who was appointed as a Staff Nurse on the recommendation of PSC has filed an application on 10/11/2009 for getting her provisional service reckoned for increments and other benefits. Petitioner was appointed on 5/11/2008 on a regular basis. The application of the petitioner was rejected by the State Government stating that it was filed beyond two years period and hence cannot be entertained. Challenging the said order of the State Government, writ petition has been filed which too has been rejected by the learned Single Judge.
W.A. No.1731/10
-:2:-
persons similarly situated have been granted the benefit of provisional service. Hence, petitioner was also entitled for the said benefit.
We do not find any error in the judgment of the learned Single Judge. Writ appeal is, therefore, dismissed.
Sd/-
ASHOK BHUSHAN, CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp29/1/2016 //True Copy//
PS to Judge
2 issues framed by the court
Whether the High Court should allow the appeal against the dismissal of a writ petition challenging the government order rejecting the petitioner's application for reckoning of provisional service.
Whether the grant of parity to other employees with similar cases entitles the petitioner to the benefit of provisional service when her application was filed beyond the two-year limit.
AMMINI.K.A
THE STATE OF KERALA
ASHOK BHUSHAN
A. M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
