Rank holder nurses challenged contract appointments made without reporting vacancies to the PSC. Court directed that vacancies must be reported to PSC; upon joining by candidates, contract arrangements must terminate.
Directing that vacancies be reported to the PSC and contract arrangements terminated upon joining of ranked candidates.
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 ANTONY DOMINIC
WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931
WP(C).No. 4857 of 2009(C) -------------------------
PETITIONER(S):
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1. SHEENA.T.V., W/O.BALAKRISHNAN, AGED 31 YEARS, KIZHIPPURATH HOUSE, VELLARUVALLY P.O., PERAVOOR, KANNUR DISTRICT.
2. SREEJA.P, W/O.MADHU, KELOTH HOUSE, MORAZHA P.O., THALIPARAMBA, KANNUR DISTRICT.
3. SINDHU POOSARI, D/O.LATE RAJAN, POOSARI HOUSE, KOTTALY, KANNUR DISTRICT.
BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL
RESPONDENT(S):
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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM.
3. THE DISTRICT MEDICAL OFFICER, KANNUR.
4. THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, CIVIL LINES, KANNUR.
5. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI.
WPC NO.4857/09
-2-
ADDL.R6. DISTRICT PROGRAMME MANAGER, DISTRICT HEALTH AND FAMILY WELFARE SOCIETY, KAKKAD,
KANNUR (AROGYA KERALAM-KANNUR, NATIONAL RURAL HEALTH MISSION)
(ADDL.R6 IS IMPLEADED VIDE ORDER DT 26.3.2009 IN IA 4030/09.
ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS FOR R6 GOVERNMENT PLEADER SRI.DILEEP MOHAN FOR R1 TO R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R5 SRI.ALEXANDER THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.4857/09
APPENDIX
PETITIONERS EXHIBITS
EXT.P1: TRUE COPY OF THE RANK LIST PUBLISHED by the KPSC DT 5.6.2007.
EXT.P2: TRUE COPY OF THE LIST OF SERVICE NURSES APPOINTED ON CONTRACT BASIS UNDER NATIONAL RURAL HEALTH MISSION FOR THE PERIOD FROM 1.1.2007 TO 23.1.2009.
EXT.P3: TRUE COPY OF THE RELEVANT PAGES OF THE NATIONAL RURAL HEALTH MISSION (NRHM) DOWN LOADED FROM INTERNET.
//TRUE COPY//
P.A. TO JUDGE
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 4857 OF 2009 (C)
=====================
Dated this the 9th day of September, 2009
J U D G M E N T
Petitioners are rank holders in the ranked list published by the PSC for Staff Nurses in Kannur District. Their grievance is that despite the existence of vacancies, without reporting those vacancies to the PSC, contract appointment is being resorted to.
list and vacancies are available, such vacancies are to be reported to the PSC. It is made clear that on such reporting of vacancies, PSC shall advise candidates and on their joining, the contract arrangement shall be terminated and the PSC hands should be allowed to join.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether contract appointments of nurses should cease when vacancies are reported to the Public Service Commission and rank holder candidates join.
SHEENA.T.V.
SREEJA.P
SINDHU POOSARI
THE STATE OF KERALA
THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM
THE UNION OF INDIA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
