The High Court held that a contract of personal service cannot be enforced against an 'other authority' under Article 226. The writ appeal was dismissed, with the appellant directed to approach the civil court for grievances.
The Writ Appeal is dismissed without prejudice to the right of the appellant to file a civil suit.
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.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
WA.No. 1893 of 2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 20464/2018 of HIGH COURT
APPELLANT/S:
V.S. ARAVINDA GHOSH AGED 41 YEARS S/O.VISWAMBHARAN, FORMER PHARMACIST GRADE-I, IN HOUSE DRUG BANK, SRI.AVITTOM THIRUNAL HOSPITAL HEALTH EDUCATION SOCIETY, SAT HOSPITAL, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, (RESIDING AT BEENA NIVAS, EDAVAL, OTTASEKHARAMANGALAM.P.O., THIRUVANANTHAPURAM695 125.
BY ADVS. SRI.R.T.PRADEEP SRI.K.C.HARISH SMT.M.BINDUDAS
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SAT HOSPITAL HEALTH EDUCATION SOCIETY REPRESENTED BY ITS SECRETARY - CUM - TREASURER, SAT HOSPITAL, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011
3 THE SECRETARY - CUM-TREASURER SAT HOSPITAL HEALTH EDUCATIONAL SOCIETY, SAT HOSPITAL, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011
R2 & R3 SRI.R.S.SARAT
R1 SRI. ANTONY MUKKATH- GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
WA.No. 1893 of 2018
JUDGMENT
V.CHITAMBARESH, J.
The pleadings are scarce to hold that the second respondent is a 'State' coming within Article 12 of the Constitution of India. The second respondent may at best be 'other authority' amenable to writ jurisdiction under Article 226 of the Constitution of India. But then, contract of personal service cannot be enforced against 'other authority' as has been held in
K.K.Saksena vs International Commission on Irrigation and Drainage
and others [(2015) 4 SCC 670] . We have followed the said judgment in WP(C) Nos 40144/2016 and 11920/2018 after adverting to Apollo Tyres Ltd
vs C.P.Sebastian [(2009) 14 SCC 360] . The appellant can very well approach the civil court for ventilation of grievances and the Writ Petition is not maintainable as correctly found by the learned Single Judge.
sd/-
V.CHITAMBARESH Judge
sd/- A.M.BABU Judge
sks/6.3.2019
3
WA.No. 1893 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF MEMORANDUM OF ASSOCIATION OF THE SOCIETY DATED 01.12.1993.
ANNEXURE II TRUE COPY OF RULES AND REGULATIONS OF THE SOCIETY WHICH IS AMENDED ON 20.10.2001.
RESPONDENTS EXHIBITS
ANNEXURE R1-TRUE COPY OF THE RULES AND REGULATIONS OF THE SOCIETY AS AMENDED AS ON 20.10.2001.
ANNEXURE R2-FUND FLOW STATEMENT SHOWING THE CONTRIBUTION OF THE GOVERNMENT TOWARDS GOLDEN JUBILEE BLOCK.
2 issues framed by the court
Whether a contract of personal service can be enforced against an 'other authority' under Article 226 of the Constitution.
Whether the Writ Petition challenging the contract is maintainable or should be handled by the civil court.
Colour shows how this judgement treated each authority
K.K. Saksena vs International Commission on Irrigation and DrainageFollowed¶23
K.K.Saksena vs International Commission on Irrigation and Drainage [(2015) 4 SCC 670] · Who else cites this
Apollo Tyres Ltd vs C.P. SebastianReferred¶25
Apollo Tyres Ltd vs C.P. Sebastian [(2009) 14 SCC 360] · Who else cites this
V.S. Aravinda Ghosh
State of Kerala
Sat Hospital Health Education Society
Sri R.S. Sarat
Sri Antony Mikkath
V. CHITAMBARESH
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
