P. A. MOHANAVALLY Vs. STATE

JUDGEMENT

(1.) Petitioners are working as Junior Public Health Nurses in various Public Health Centres in the State. They were appointed on a provisional basis under R.9(a)(1) of the Kerala State and Subordinate Services Rules in the year 1989.

(2.) Prior to their appointment, they were selected by the second respondent for giving training in Auxiliary Nurse cum Midwifery in Government institutions in the year 1987. They successfully completed the training and obtained certificates of Registration from the Kerala Nurses and Midwiferies Council in the year 1989. Prescribed qualification for the post of Junior Public Health Nurses in the Health Services Department is a pass in the 18 months course in Auxiliary Nurses cum Midwifery Training. Government later appointed petitioners as Junior Public Health Nurses in the year i 989 on provisional basis for a period of one year. However, since there was delay in appointing Public Service Commission recruited persons, petitioners continued in service on a provisional basis. When their services were sought to be terminated, some of the petitioners approached this Court and filed O. P. Nos. 17378 of 1995 and 18288 of 1995. This Court disposed of those Writ Petitions directing the respondents to consider petitioners' representations. Representations were rejected and they have approached this Court challenging those orders, and sought for regularisation of their services.

(3.) About 1000 Junior Public Health Nurses are working in the Health Services Department in the State on a provisional basis. Government have issued several orders including G. O. Ms. No. 145/85/HD dated 10.9.1985 stating that provisional appointment would not confer any benefit except for emoluments. It was pointed out all those appointees are free to apply to the Public Service Commission for regular appointment as and when vacancies are notified. Government also giving training to Junior Public Health Nurses. Those who have successfully completed the training are given a certificate of registration from the Kerala Nurses and Midwiferies Council. They are also on a bonded obligation to serve the Government for a period of two years, since Government have given them training. Those who have undergone training, and fulfilled the bonded obligation, will have to give way so that another set of persons who have undergone training could be appointed on a provisional basis.