The High Court of Kerala dismissed a writ petition challenging the termination of an Asha worker's employment. The court upheld the committee's decision after finding that the petitioner received a hearing opportunity as directed by a prior order and found no infirmity in the committee's constitution.
The writ petition is dismissed; no order as to costs.
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.
1
WP(C) NO. 4850 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF OCTOBER 2021 / 21ST ASWINA, 1943
WP(C) NO. 4850 OF 2021
PETITIONER/S:
P RAJALAKSHMI, AGED 49 YEARS W/O. MURALI, VENMANATTU, MATTATHURKUNNU, THRISSUR DISTRICT.
BY ADVS. M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2
WP(C) NO. 4850 OF 2021
BY ADVS. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN
SC,M.AJAY,GP PARVATHY KOTTOL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 6.10.2021, THE COURT ON 13/10/2021 DELIVERED THE FOLLOWING:
3
WP(C) NO. 4850 OF 2021
JUDGMENT
Petitioner herein was serving as an Asha worker in Ward XIX of Mattathur Grama Panchayat from 2009 onwards. On 22/3/2019, a notice was issued by the Superintendent of Primary Health Centre, Mattathur informing her that pursuant to a complaint submitted against the petitioner a decision was taken by the Asha Selection Committee presided by the President of the Grama Panchayath to call her explanations to ten specific allegations. Ext.P2 is the notice so issued. Ext.P5 explanation was offered. Thereafter, she filed W.P.(C) No.12968/2019 for directing the respondents 1 and 2 to take a decision on Ext.P5 explanation, after giving an opportunity of being heard. Subsequently, by Ext.P6 order, the services of the petitioner was dispensed with by a decision taken by the Panchayath on 19/3/2019. This was assailed by the petitioner in W.P.(C) No.12968/2019. This court after hearing both sides, held that the petitioner ought to have been granted an opportunity of being heard and thereupon the respondents 2 and 3 were directed to take fresh decision, after hearing the petitioner on 11/2/2019. Pursuant to Ext.P7 judgment, the petitioner was given an opportunity of being heard on 11/12/2019 by the committee. It resolved to terminate the service of the petitioner for the reasons mentioned in the resolution. This is under challenge in the present proceedings.
WP(C) NO. 4850 OF 2021 4
that the constitution of the committee was bad in so far as the committee included one Jaya, against whom the petitioner has raised specific allegations. It was also contended that the committee did not properly consider her representation, did not evaluate the defence set up by the petitioner and thereby committed gross errors in its findings.
3 Counter affidavit was filed by the panchayath traversing the above allegations. It was contended that the petitioner was given a reasonable opportunity of being heard, she appeared before the committee, gave the explanation and, on the basis of the materials on record, the committee resolved to terminate her services.
5
WP(C) NO. 4850 OF 2021
Asha worker one Jaya, the panchayath member informed her not to work as Asha worker and that the remaining Asha workers will not co-operate with her. It is seen from Ext.P8 that the said Jaya was also a member of the Committee, which heard the petitioner. This Court, by Ext.P9 judgment had directed the respondents 2 and 3 therein to give an opportunity of being heard. The third respondent in that writ petition was the President of the Mattathur Grama Panchayath in his capacity as Chairman of Asha Selection Committee. Ext.P9 guidelines issued by the Government of India relating to the Asha workers show that Asha worker to be selected by a committee, inter alia, consisting of Panchayath member/ward member/councillor. Admittedly, said Jaya is the concerned ward member. Hence, her inclusion in the committee cannot be held to be illegal. It is true that there is a reference to the said Jaya in Ext.P2. Petitioner has no case that the said Jaya was prejudiced towards her merely because she has raised complaint regarding the conduct of said Jaya In the absence of anything to show that the said Jaya was prejudiced, or that she has prevailed the independent opinion of other members, I am not inclined to accept the contention that the mere inclusion of Jaya in the ten member committee was improper. Hence, the above contention is not sustainable.
by the committee. Petitioner was not given notice regarding such materials. It related to falsification of a medical certificate. However, petitioner has not challenged it. No case was set up that such a
6
WP(C) NO. 4850 OF 2021
consideration was improper. No ground was also raised. Hence,I am not inclined to go into that.
Sd/-
SUNIL THOMAS
Judge
dpk
7
WP(C) NO. 4850 OF 2021
APPENDIX OF WP(C) 4850/2021
PETITIONER EXHIBITS
| EXHIBIT P1 | THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE NRHM DATED NIL. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 8.3.2019. |
| EXHIBIT P3 | THE TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT DATED 22.3.2019. |
| EXHIBIT P4 | THE TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 6TH RESPONDENT DATED 27.3.2019. |
| EXHIBIT P5 | THE TRUE COPY OF THE EXPLANATION TO EXHIBIT P 3 NOTICE DATED 1.4.2019. |
| EXHIBIT P6 | THE TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 10.4.2019. |
| EXHIBIT P7 | THE TRUE COPY OF THE JUDGMENT PASSED IN WP 12968/2019 DATED 27.11.2019. |
| EXHIBIT P8 | THE TRUE COPY OF THE DECISION PASSED BY THE SELECTION COMMITTEE DATED 11.12.2019. |
| EXHIBIT P9 | THE TRUE COPY OF THE G.O. (RT)NO.649/07/H&FWD DATED 24.2.2007. |
| EXHIBIT P10 | THE TRUE COPY OF THE CIRCULAR BEARING NO.NHM/3523/2015/CSD/SPMSU DATED 27.7.2018. |
RESPONDENT EXHIBITS Exhibit R4(A) TRUE COPY OF THE COMMUNICATION DATED 21/12/2018 RECEIVED FROM THE OFFICE OF THE SUPERINTENDENTS OF C.H.C, MATTATHUR Exhibit R4(B) TRUE COPY OF THE COMMUNICATION NO. 1061/18 DATED 10/04/2018 ISSUED BY THE
8
WP(C) NO. 4850 OF 2021
4TH RESPONDENT TO THE PETITIONER
Exhibit R4(C) TRUE COPY OF THE ORDER DATED 20/04/2019 PASSED BY THE ASHA SELECTION COMMITTEE Exhibit R4(D) TRUE COPY OF THE MEDICAL CERTIFICATE DATED 26/11/2018 ISSUED BY DR.T.P.BALAN, MEDICAL TRUST HOSPITAL, KODAKARA Exhibit R4(E) TRUE COPY OF THE COMMUNICATION DATED 15/05/2019 ISSUED BY THE SUPERINTENDENT OF C.H.C, MATTATHUR Exhibit R4(F) TRUE COPY OF THE REPLY DATED 18/05/2019 GIVEN BY DR.T.P.BALAN TO THE 2ND RESPONDENT
3 issues framed by the court
Whether the constitution of the Asha Selection Committee including the petitioner's accuser was illegal.
Whether the committee failed to provide a reasonable opportunity of being heard to the petitioner.
Whether the writ petition challenging the termination of the petitioner's services should be allowed.
Colour shows how this judgement treated each authority
Ext.P9 judgmentReferred¶36
P RAJALAKSHMI
STATE OF KERALA
THE STATE MISSION DIRECTOR (NATIONAL RURAL HEALTH MISSION)
THE DIRECTOR OF HEALTH SERVICES/STATE NODAL OFFICER, ASHA PROGRAMME
THE ASHA SELECTION COMMITTEE OF MATTATHUR GRAMA PANCHAYATH
THE CHIEF EXECUTIVE OFFICER/THE DISTRICT MEDICAL OFFICER
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
