Petitioner, a contract Block Coordinator under NRHM, challenged termination of her services. Court held cert of employment and other specific issues.
Ext.P11 treated as show cause notice; petitioner directed to file fresh representation and be heard; State Mission Director to pass orders within two months.
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 V.GIRI
WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931
WP(C).No. 8084 of 2009(E)
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PETITIONER(S):
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BEENA GEORGE, W/O.VARKEY JOSEPH, BLOCK AROGYA KERALAM CO-ORDINATOR NILAMBUR, CHUNGATHARA BLOCK,MALAPPURAM DISTRICT.
BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE, MR.S.SUJIN
RESPONDENT(S):
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1. THE DISTRICT PROGRAMME MANAGER, AROGYA KERALAM,MALAPPURAM AROGYA KERALAM NATAIONAL RURAL HEALTH MISSION WOODBIN COMPLEX, COURT ROAD,MANJERI.
2. THE CHIEF EXECUTIVE OFFICER, DISTRICT HEALTH AND FAMILY WELFARE SOCIETY, MALAPPURAM.
3. THE STATE MISSION DIRECTOR (NRHM) AROGYA KERALAM STATE PROGRAMME MONITORING AND SUPPORT UNIT DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM.
4. DR.BABURAJ,DISTRICT PROGRAMME MANAGER, AROGYA KERALAM,CIVIL STATION,KOZHIKODE.
*ADDL.R5 TO R10 ARE IMPLEADED:
R5. RAMLATH K.(ASHA CODE NO.MLPM (R) 06-09-034 NILAMBUR GRAMA PANCHAYAT) PATHOORAN HOUSE, MUKATTA, NILAMBUR - 679 380.
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..2/-
...2.....
WPC.NO.8084/2009 E
R1 BY ADV. MR.M.AJAY,SC,NATIONAL RURAL HEALTH MISSION R5 TO R10 SRI.K.RAMESH FOR ADDLR5 TO R10
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC.NO.8084/2009 E
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
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P.A.TO JUDGE
V.GIRI,J.
W.P ( C) No. 8084 of 2009
Dated this the 30th September,2009
J U D G M E N T
By Ext.P1, petitioner was appointed as Block Arogyakeralam Coordinator under the National Rural Health Mission and under the same order, she was allocated to Chungathara Block in Malappuram District. By Ext.P5, she was asked to show cause why action should not be taken on the allegation that she has misbehaved with superior officers as also other employees in the office. She submitted Ext.P6 representation denying the allegation. By Ext.R3 (a), the District Programme Manager, Malappuram, petitioner's superior, after conducting a preliminary enquiry, reported the matter to the State Mission Director and requested him to replace the petitioner and allot a new person as Block Coordinator. By Ext.P7 which apparently was after the State Mission Director took note of Ext. R3 (a), the District Programme Manager , Kozhikode, was required to conduct a a detailed
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enquiry. Such an enquiry was conducted and Ext. R3 (b) report was submitted before the State Mission Director. Petitioner was issued a notice to show cause as to why stern disciplinary action should not be taken against her for insubordination and by Ext. R3 (d) she gave a reply as well. By Ext.P11 order, her services were terminated. This has been challenged in the writ petition.
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stands outside the purview of civil service.
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no stigma is attached to the petitioner by reason of the said coercive action.
Writ petition is disposed of as above.
(V.GIRI,JUDGE)
ma
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2 issues framed by the court
Whether an order terminating the services of a contract-appointed Block Coordinator under the National Rural Health Mission required an opportunity of personal hearing.
Whether rules regulating disciplinary action against regular civil servants apply to contract basis appointments under the National Rural Health Mission.
Beena George
District Programme Manager, Argya Keralaam, Malappuram
Chief Executive Officer, District Health and Family Welfare Society, Malappuram
State Mission Director NRHM, Argya Keralaam
Dr. Baburaj
Ramalth K
Giri,Vig
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
