2025:KER:26805 O.P. (KAT) No.61 of 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 OP(KAT) NO. 61 OF 2022 AGAINST THE ORDER DATED 15.09.2021 IN OA NO.204 OF 2019 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM PETITIONERS/APPLICANTS IN O.A. NO.204/2019: 1 KRISHNADASAN K.P., AGED 59 YEARS, RETIRED HEALTH INSPECTOR GRADE II RESIDING AT KANNADIPURATH, SANTHWANAM P.O. CHERUVAYOOR, MALAPPURAM – 673 645. 2 ABDUL KAREEM. M., AGED 60 YEARS, S/O.ABDULRAHIMAN, RETIRED HEALTH INSPECTOR GRADE II MOOCHIKKADAN HOUSE, MANIMOOLY P.O. MALAPPURAM DISTRICT – 679 333. 3 RAJAN K.V., AGED 58 YEARS, S/O. UNNIRAMAN, RETIRED HEALTH INSPECTOR GRADE II RESIDING AT KALIYARTHODI HOUSE, MAYALASSERI, MANJERI MALAPPURAM DISTRICT – 676 121. 4 USMAN PARAPPAN, AGED 60 YEARS, S/O. UNNALI, RETIRED HEALTH INSPECTOR GRADE II RESIDING AT PARAPPAN HOUSE, AINDOOR, EDAVANNA,MALAPPURAM DISTRICT – 676 541. 5 ABDUL HAMEED, AGED 59 YEARS, S/O. MOOSAKUTTY, RETIRED HEALTH INSPECTOR GRADE II RESIDING AT PALAYAKODAN HOUSE, MUNDAKOLLY, POOKOTUMPADAM P.O., MALAPPURAM DISTRICT – 679 332. 2025:KER:26805 O.P. (KAT) No.61 of 2022 2 6 RAJEEV T., AGED 58 YEARS, S/O. CHAMY MASTER, RETIRED HEALTH INSPECTOR GRADE II RESIDING AT TRAVOT, KANNACHAN KUNJU, AMARAMBALAM, MALAPPURAM DISTRICT – 679 332. 7 KRISHNAN M.S, AGED 58 YEARS, S/O. LATE VELUKUTTY, RETIRED HEALTH INSPECTOR GRADE II RESIDING AT PARAMBATH HOUSE, PUTHUKKODE P.O., RAMANATTUKARA, MALAPPURAM – 673 633. BY ADV K.SANDESH RAJA RESPONDENTS/RESPONDENTS IN O.A. NO.204/2019: 1 STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE [C] DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICES THIRUVANANTHAPURAM – 695 001. 3 THE DISTRICT MEDICAL OFFICER [HEALTH], OFFICE OF THE DISTRICT MEDICAL OFFICER MALAPPURAM – 679 331. 4 THE PRINCIPAL ACCOUNTANT GENERAL [A & E], INDIAN AUDIT AND ACCOUNT DEPARTMENT OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL [A&E] M.G. ROAD, P.B. NO.5607, THIRUVANANTHAPURAM-695 001. A.J. VARGHESE SR GP THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26805 O.P. (KAT) No.61 of 2022 3 J U D G M E N T A. Muhamed Mustaque, J. The petitioners entered into the regularised service of the Health Department as the Kerala Public Service Commission appointees in the year 1995. However, they had provisional service prior to their regular service. The issue that arose before the Tribunal was whether the petitioners were entitled to reckon their provisional service for increments and pensionary benefits. This has been rejected by the Tribunal. 2. The learned counsel for the petitioners points out that the benefits are given to the similarly situated Junior Health Inspectors Grade II in the Health Department in Annexure A1. That is also a matter of regularisation of provisional employees. It is further submitted that, if the provisional employees, who have been regularised, are entitled to such benefits, then the petitioners are entitled for the same, since the Government had already taken the decision to regularise the provisional service of Junior Health Inspectors Grade II, conferring the above benefits from the year 1995 2025:KER:26805 O.P. (KAT) No.61 of 2022 4 onwards. However, the same has not been implemented, and it was subjected to several challenges. This matter was considered by the Tribunal, and by Ext.P1, the Tribunal finally directed the Government to consider such a claim. The learned counsel for the petitioners also placed reliance on Ext.P10. 3. In such circumstances, we direct the Government to consider the matter afresh in the light of the directions issued by the Tribunal in Exhibits P10 and P11, within a period of four months. Paving the way for the Government to consider the matter afresh, the impugned order is set aside. This original petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR 2025:KER:26805 O.P. (KAT) No.61 of 2022 5 APPENDIX OF OP(KAT) 61/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER NO.G.O.[MS] NO.78/95/H&FWD DATED 31/3/1995 Annexure A2 : TRUE COPY OF THE ORDER NO.G.O.[RT] NO.1093/2015/H&FWD DATED 31/3/2015 Annexure A3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND APPLICANT BEFORE THE 3RD RESPONDENT DATED 31/3/2018 Annexure A4 TRUE COPY OF THE ORDER NO.D2/33249/2017 DATED 11/5/2018 ISSUED BY THE 3RD RESPONDENT. Annexure A5 TRUE COPY OF THE ORDER NO.PO6/2101793179/5/183 DATED 11/13/06/2018 ISSUED BY THE 4TH RESPONDENT. Annexure A6 TRUE COPY OF THE ORDER NO.G.O.[P] NO.540/94/FIN. DATED 30/9/1994 Annexure A7 TRUE COPY OF THE ORDER NO.G.O.[P] 2357/99/FIN. DATED 25/11/1999 Annexure A8 TRUE COPY OF THE JUDGMENT DATED 3/9/2015 IN W.P.[C] NO.13245/2013 Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO:204/2019 DATED 23/1/2019 FILED BEFORE THE KERALA ADM. TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM Exhibit P2 : TRUE COPY OF THE REPLY STATEMENT DATED NIL, FILED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE REPLY STATEMENT DATED 11/7/2019 FILED BY THE 4TH RESPONDENT 2025:KER:26805 O.P. (KAT) No.61 of 2022 6 Exhibit P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS DATED 30/10/2019 Exhibit P5 TRUE COPY OF THE FINAL ORDER IN O.A. NO.204/2019 DATED 15/9/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM Exhibit P6 TRUE COPY OF THE ORDER G.O.[MS] NO.87/2012/WRD DATED 30/10/2012 ISSUED BY THE WATER RESOURCES DEPARTMENT Exhibit P6(a] TRUE COPY OF THE JUDGMENT IN O.A.NO.633/2015 DATED 26/10/2015 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. Exhibit P6(b) TRUE COPY OF THE GOVERNMENT ORDER IN G.O.[RT] NO.334/16/WRD DATED 2/4/2016 Exhibit P7 TRUE COPY OF THE ORDER DATED 12/4/2019 IN O.A. NO.2668/2016 OF THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. Exhibit P8 TRUE COPY OF THE LETTER NO.54145/C2/91/H&FWD DATED 17/3/1993 OF THE COMMISSIONER & SECRETARY TO THE GOVT. ADDRESSED TO THE SECRETARY, PSC Exhibit P9 TRUE COPY OF THE LETTER NO.54145/C2/91/H&FWD DATED 18/4/1994 Exhibit P10 TRUE COPY OF THE ORDER DATED 17/07/2017 IN O.A. NO.2246/2013 OF THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P11 A TRUE COPY OF THE ORDER OF THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN R.A. NO.44/2013 IN O.A.[EKM] NO.856/2013 DATED 12/02/2024