High Court of KeralaSingle JudgeDisposed of, writ petition disposed of
Saramma K., Sunanna S., Suma E., Chandrika M.T., Lathika K., Pushpa T.M., Pushpa C.M., Sheela M.K., SANTHA P.K., Salomi Mathew, Ruby K.T., Kamala M., VALSALAKUMARI K., Madhavi K.K., Malathy P., Geetha M., Ajithakumari C.S., Sunu R. v. State of Kerala and others
Case / Petition Number:WP(C).No. 30572 of 2011 (V)
Neutral Citation:/
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Surendramohan
- JUDGE
- Judgment Date
- 2011-11-16
- Court Decision / Holding
- This writ petition is disposed of directing the first respondent to consider the claims set out in the petitioners’ representations (Exts. P2(a) to P2(q)) in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners.
- Final Disposition
- Disposed of, writ petition disposed of
Parties to the Case
Appellants / Petitioners
- SARAMMA.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, KODUVALLY, KOZHIKODE DISTRICT.
- SUNANNA.S., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT.
- SUMA.E., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT.
- CHANDRIKA.M.T., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, MANIYOOR, KOZHIKODE DISTRICT.
- LATHIKA.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, ULLIYERI, KOZHIKODE DISTRICT.
- PUSHPA.T.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT.
- PUSHPA.C.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), PRIMARY HEALTH CENTRE, KAKKODI, KOZHIKODE DISTRICT.
- SHEELA.M.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), PRIMARY HEALTH CENTRE, EDAVANNA, MALAPPURAM DISTRICT.
- SANTHA.P.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), TALUK HOSPITAL, KUTTIADY, KOZHIKODE DISTRICT.
- SALOMI MATHEW, JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), IC D S URBAN I, VELLIMADUKUNNU, KOZHIKODE DISTRICT.
- RUBY K.T., JUNIOR PUBLIC HEALTH NURSE GRADE I(HIGHER GRADE), M C H UNIT, CHERUPPA, KOZHIKODE DISTRICT.
- KAMALA.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), M C H UNIT, CHERUPPA, KOZHIKODE DISTRICT.
- VALSALAKUMARI.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), PRIMARY HEALTH CENTRE, MANGAD, KOZHIKODE DISTRICT.
- MADHAVI.K.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, KODUVALLY, KOZHIKODE DISTRICT.
- MALATHY.P., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THALAKKULATHOOR, KOZHIKODE DISTRICT.
- GEETHA.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, BALUSSERY, KOZHIKODE DISTRICT.
- AJITHAKUMARI.C.S., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, OLAVANNA, KOZHIKODE DISTRICT.
- SUNU.R., JUNIOR PUBLIC HEALTH NURSE GRADE I(HIGHER GRADE), PRIMARY HEALTH CENTRE, KAKKODI, KOZHIKODE DISTRICT.
Respondents
- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPRTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
- 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 035.
- 3. THE DISTRICT MEDICAL OFFICER (HEALTH), KOZHIKODE-673 001.
- 4. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, KODUVALLY, KOZHIKODE-673 586.
- 5. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT-673 318.
- 6. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MANIYOOR, KOZHIKODE DISTRICT-673 523.
- 7. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, ULLIYERI, KOZHIKODE DISTRICT-673 323.
- 8. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KAKKODI, KOZHIKODE DISTRICT-673 586.
- 9. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, EDAVANNA, KOZHIKODE DISTRICT-676 541.
- 10. THE SUPERINTENDENT, TALUK HOSPITAL, KUTTIADI, KOZHIKODE DISTRICT-673 508.
- 11. THE MEDICAL OFFICER, IC D S URBAN I, KOZHIKODE-673 001.
- 12. THE MEDICAL OFFICER, M C H UNIT, CHERUPPA, KOZHIKODE DISTRICT-673 001.
- 13. THE MEDICAL OFFICER, PARIMARY HEALTH CENTRE, MANGAD, KOZHIKODE DISTRICT-673 574.
- 14. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, THALAKULATHUR, KOZHIKODE DISTRICT-673 002.
- 15. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, BALUSSERY, KOZHIKODE DISTRICT-673 612.
- 16. THE MEDICAL OFFICER, CAMMUNITY HEALTH CENTRE, OLAVANNA, KOZHIKODE DISTRICT-673 025.
Legal Representation & Advocates
Counsels for Petitioners
- • SRI.V.A.MUHAMMED
- • SRI.M.SAJJAD
Counsels for Respondents
- • SRI. LIJU STEPHEN
Case Synopsis & Summary
Petitioners, eighteen Junior Public Health Nurses Grade I (Higher Grade) employed in various health facilities in Kozhikode district, have filed this writ petition challenging the fixation of their grade pay and seniority. They claim that while sanctioning the 18 years grade pay, they were placed in the lower scale of Rs. 7990-12930 instead of Rs. 8390-13270, and that for the 23 years grade they received Rs. 8390-13270 instead of Rs. 9190-15510. They argue that such fixation deprives them of the legitimate benefits of their service and results in unwarranted disparities among similarly placed officers. Reliance is placed on a reported decision of this Court in Ammini v State of Kerala (2000(2) KLT 764) to buttress their claim for relief. The petitioners have submitted lengthy representations before the first respondent (Exts. P2(a) to P2(q)) seeking redress; however, no orders have been passed. The respondent’s pleadings are minimal; the Government Pleader's aim is to dispose of the petition by directing expeditious consideration of the representations. After hearing, the court concluded that the petition could be disposed of by directing the first respondent to consider the representations in Exts. P2(a) to P2(q) in accordance with law and to pass appropriate orders expeditiously, within two months of receiving a copy of the judgment, after granting an opportunity of hearing. The petition is thus disposed of on procedural lines rather than a determination of the merits of the pay-scale claims.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that as Junior Public Health Nurses Grade I (Higher Grade), they are entitled to higher grade pay fixations. They assert that 18 years grade pay should be Rs. 8390-13270 rather than Rs. 7990-12930, and the 23 years grade should be Rs. 9190-15510 rather than Rs. 8390-13270. They rely on Ammini v State of Kerala (2000(2) KLT 764) to support relief and have submitted representations (Exts. P2(a) to P2(q)) before the first respondent, which remain undecided. They seek directions for expeditious consideration and grant of the legitimate service benefits. respondents: The respondents contended that the petition should be disposed of by directing the first respondent to consider the petitioners’ representations (Exts. P2(a)–P2(q)) expeditiously; government pleader urged for disposal by directing compliance with the representations rather than a merits adjudication at this stage.
Contentions of Respondents
(Not separately elaborated in the judgment; the court indicates it heard the Government Pleader and proceeded on the basis of directing expeditious consideration of representations.)
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Ammini v State of Kerala | 2000(2) KLT 764 | Mentioned Only | Cited in the petition to support the relief sought, but the court does not engage with its ratio or adopts it as a binding precedent. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT :**
**THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN**
**WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933**
**WP(C).No. 30572 of 2011(V)**
**-------------------------------------**
**PETITIONER(S):**
- **----------------------**
**1. SARAMMA.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, KODUVALLY, KOZHIKODE DISTRICT.**
## **2. SUNANNA.S.,**
- **JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT.**
## **3. SUMA.E.,**
- **JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT.**
**4. CHANDRIKA.M.T., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, MANIYOOR, KOZHIKODE DISTRICT.**
## **5. LATHIKA.K.,**
- **JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, ULLIYERI, KOZHIKODE DISTRICT.**
**6. PUSHPA.T.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT.**
**7. PUSHPA.C.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), PRIMARY HEALTH CENTRE, KAKKODI, KOZHIKODE DISTRICT.**
**8. SHEELA.M.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), PRIMARY HEALTH CENTRE, EDAVANNA, MALAPPURAM DISTRICT.**
**S**
## **WPC.NO.30572/2011**
**9. SANTHA.P.K., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), TALUK HOSPITAL, KUTTIADY, KOZHIKODE DISTRICT.**
## **10. SALOMI MATHEW,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), I C D S URBAN I, VELLIMADUKUNNU, KOZHIKODE DISTRICT.**
**11. RUBY K.T., JUNIOR PUBLIC HEALTH NURSE GRADE I(HIGHER GRADE), M C H UNIT, CHERUPPA, KOZHIKODE DISTRICT.**
**12. KAMALA.M., JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), M C H UNIT, CHERUPPA, KOZHIKODE DISTRICT.**
## **13. VALSALAKUMARI.K.,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), PRIMARY HEALTH CENTRE, MANGAD, KOZHIKODE DISTRICT.**
## **14. MADHAVI.K.K.,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, KODUVALLY, KOZHIKODE DISTRICT.**
## **15. MALATHY.P.,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, THALAKKULATHOOR, KOZHIKODE DISTRICT.**
## **16. GEETHA.M.,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, BALUSSERY, KOZHIKODE DISTRICT.**
## **17. AJITHAKUMARI.C.S.,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I (HIGHER GRADE), COMMUNITY HEALTH CENTRE, OLAVANNA, KOZHIKODE DISTRICT.**
## **18. SUNU.R.,**
**JUNIOR PUBLIC HEALTH NURSE GRADE I(HIGHER GRADE), PRIMARY HEALTH CENTRE, KAKKODI, KOZHIKODE DISTRICT.**
**BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD**
**S**
## **WPC.NO. 30572/2011**
## **RESPONDENT(S):**
**----------------------**
**1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPRTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.**
**2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 035.**
**3. THE DISTRICT MEDICAL OFFICER (HEALTH), KOZHIKODE-673 001.**
**4. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, KODUVALLY, KOZHIKODE-673 586.**
**5. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT-673 318.**
**6. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MANIYOOR, KOZHIKODE DISTRICT-673 523.**
**7. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, ULLIYERI, KOZHIKODE DISTRICT-673 323.**
**8. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KAKKODI, KOZHIKODE DISTRICT-673 586.**
**9. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, EDAVANNA, KOZHIKODE DISTRICT-676 541.**
**10. THE SUPERINTENDENT, TALUK HOSPITAL, KUTTIADI, KOZHIKODE DISTRICT-673 508.**
**11. THE MEDICAL OFFICER, I C D S URBAN I, KOZHIKODE-673 001.**
## **12. THE MEDICAL OFFICER,**
**M C H UNIT, CHERUPPA, KOZHIKODE DISTRICT-673 001.**
**S**
**WPC.NO. 30572/2011**
**13. THE MEDICAL OFFICER, PARIMARY HEALTH CENTRE, MANGAD, KOZHIKODE DISTRICT-673 574.**
## **14. THE MEDICAL OFFICER,**
**COMMUNITY HEALTH CENTRE, THALAKULATHUR, KOZHIKODE DISTRICT-673 002.**
## **15. THE MEDICAL OFFICER,**
**COMMUNITY HEALTH CENTRE, BALUSSERY, KOZHIKODE DISTRICT-673 612.**
## **16. THE MEDICAL OFFICER,**
**CAMMUNITY HEALTH CENTRE, OLAVANNA, KOZHIKODE DISTRICT-673 025.**
**BY SR. GOVT. PLEADER SRI. LIJU STEPHEN**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**S**
## **WPC.NO.30572/2011**
## **APPENDIX**
## **PETITIONERS EXHIBITS:**
- **P1: COPY OF THE DECISION REPORTED IN 2000 (2) K.L.T. 764. DT.22-05-2000**
- **P2: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER.**
- **P2 (A): COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER. P2(B): COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER.**
- **P2(C): COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER. P2(D): COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER.**
- **P2(E): COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH PETITIONER.**
- **P2(F): COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH PETITIONER.**
- **P2(G): COPY OF THE REPRESENTATION SUBMITTED BY THE 8TH PETITIONER.**
- **P2(H): COPY OF THE REPRESENTATION SUBMITTED BY THE 9TH PETITIONER.P**
- **P2(I): COPY OF THE REPRESENTATION SUBMITTED BY THE 10TH PETITIONER.**
- **P2(J): COPY OF THE REPRESENTATION SUBMITTED BY THE 11TH PETITIONER.**
- **P2(K): COPY OF THE REPRESENTATION SUBMITTED BY THE 12TH PETITIONER. P2(L): COPY OF THE REPRESENTATION SUBMITTED BY THE 13TH PETITIONER. P2(M): COPY OF THE REPRESENTATION SUBMITTEDBY THE 14TH PETITIONER. P2(N): COPY OF THE REPRESENTATION SUBMITTED BY THE 15TH PETITIONER. P2(O): COPY OF THE REPRESENTATION SUBMITTED BY THE 16TH PETITIONER. P2(P): COPY OF THE REPRESENTATION SUBMITTED BY THE 17TH PETITIONER. P2(Q): COPY OF THE REPRESENTATION SUBMITTED BY THE 18TH OETITIONER.**
**S**
## **WPC.NO.30572/2011**
## **RESPONDENTS EXHIBITS: NIL**
**/TRUE COPY/**
## **P.A. TO JUDGE**
**S**
## **K.SURENDRAMOHAN, J. -----------------------------------------W.P.(C) No.30572 of 2011**
**------------------------------------------** Dated this the 16[th] day of November, 2011
## **JUDGMENT**
The petitioners are working as Junior Public Health Nurses Grade I (Higher Grade) in the Health Service Department. They have filed this writ petition complaining that while sanctioning their 18 years grade pay fixation, they were granted only a lower scale of Rs.7990-12930 instead of Rs.8390-13270. Further, according to the petitioners, while sanctioning their 23 years grade, they were granted the scale of Rs.839013270 instead of 9190-15510. Consequently, the petitioners complain that they have been denied the legitimate benefits due to them pursuant to the grant of the two grades, the 18 year and 23 year grades. The petitioners also places reliance on the decision of this Court reported in **Ammini** v **State of Kerala** (2000(2) KLT 764). Though they have submitted representations before the authorities claiming the legitimate service benefits due to them, they complain that no orders have
Wpc No.27957/2011 2
been passed thereon, till date. The petitioners have produced Exts.P2(a) to P2(q) representations which are pending before the first respondent. They seek the issue of appropriate directions for the consideration of their representations.
2. Having heard the learned Government Pleader also, I am of opinion that this writ petition itself can be disposed of directing the first respondent to consider the representations submitted by the petitioners expeditiously.
3. This writ petition is, accordingly, disposed of directing the first respondent to consider the claims of the petitioners set out in their representations, evidenced herein by Exts.P2(a) to P2(q), in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners also.
## **Sd/-K.SURENDRA MOHAN, JUDGE**
CSS/ **true copy**
## **P.S.TO JUDGE**