Disposed

Sheeja.N.P., v. State of Kerala

Kerala HC20 May 2022WP(C)/11234/2022

Case brief

AI extract

What is this about?

Petitioner ASHA worker approached the court aggrieved by sudden posting transfer from Ward No.2 to Ward No.4. The court, considering limited relief, disposed of the petition permitting petitioner to submit representation to the ASHA Grievance Committee.

What did the court decide?

Directed the petitioner to submit representation before the ASHA Grievance Committee within two weeks; directed the Committee to pass orders within one month.

Sheeja.N.P., Vs State of Kerala — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944

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WP(C) NO. 11234 OF 2022

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PETITIONER/S:

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SHEEJA.N.P.,
AGED 46 YEARS
W/O. THANKARAJANKUNJAPPI, WORKED AS ASHA WORKER, WARD
20 OFFICE WARD, BALARAMAPURAM GRAMA PANCHAYATH,
RESIDING AT HOUSE NO. 411, POYKAYILNIVAS, SANTHIPURAM,
RASSELPURAM, THIRUVANANTHAPURAM 695 501.
BY ADVS.
J.G.SYAMNATH
V.S.VISWAMBHARAN

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR , DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM 695 035.

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3 STATE MISSIONS DIRECTOR (NRHM), HEALTH AND FAMILY WELFARE DEPARTMENT, NRHM BUILDING, DHS COMPOUND, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM 695 035.

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4 DISTRICT PROGRAM MANAGER , (NRHM), OFFICE OF NATIONAL HEALTH MISSION, W AND C HOSPITAL COMPOUND, THYCAUD, THIRUVANANTHAPURAM 695 014.

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5 SECRETARY, BALARAMAPURAM GRAMA PANCHAYATH, BALARAMAPURAM, THIRUVANANTHAPURAM 695 501.

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6 MEDICAL OFFCIER, PRIMARY HEALTH CENTER, BALARAMAPURAM, THIRUVANANTHAPURAM 695 501. BY ADV SHRI.C.J.JOY, SC, BALARAMAPURAM GRAMA PANCHAYAT

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OTHER PRESENT:

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Sr.GP.Premchand R.Nair.SC FOR NRHM M.AJAY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11234 OF 2022

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JUDGMENT Dated this the 20th day of May, 2022

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The petitioner, a resident of Ward No.2 of

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Balaramapuram Grama Panchayath, is working as an ASHA worker in the same Ward. She is aggrieved by her posting to Ward No.4 all on a sudden. Hence, this writ petition. The petitioner has raised her grievance before the authorities and has requested to transfer her back to Ward No.2.

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Learned Counsel for the petitioner submits that for the present, the petitioner will be satisfied with a direction to the sixth respondent to consider the representation and pass a reasoned order thereon.

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3.Adv. C .J Joy, learned counsel for the 5^th respondent Panchayat, submitted that the representation ought to be made before the ASHA Grievance Committee and not the Medical Officer.

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4.Considering the limited relief sought, the writ petition is disposed of permitting the petitioner to submit the representation before the ASHA Grievance Committee within

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WP(C) NO. 11234 OF 2022

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two weeks. In such event, the Grievance Committee shall take up the representation and pass appropriate orders thereon within one month.

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The writ petition is disposed of accordingly.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 11234 OF 2022

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APPENDIX OF WP(C) 11234/2022

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`PETITIONER EXHIBITS`
`Exhibit P1`	`TRUE COPY OF THE` `PETITIONER.`	`RATION CARD OF THE`
`Exhibit P2`	`TRUE COPY OF THE` `NHM/3523/2018/CS`	`CIRCULAR VIDE` `D/SPMSU DATED 27/07/2018.`
`Exhibit P3`	`TRUE COPY OF THE` `DATED 24/01/2019` `BALARAMAPURAM GR`	`APPLICATION FOR TRANSFER` `FILED BEFORE THE SECRETARY,` `AMA PANCHAYATH.`
`Exhibit P4`	`TRUE COPY OF THE` `DATED 24/01/2019` `OFFICER, FAMILY`	`APPLICATION FOR TRANSFER` `FILED BEFORE THE MEDICAL` `HEALTH CENTRE BALARAMAPURAM.`
`Exhibit P5`	`TRUE COPY OF THE` `DATED 24/01/2019` `PROGRAM MANAGER,`	`APPLICATION FOR TRANSFER` `FILED BEFORE THE DISTRICT`
`Exhibit P6`	`TRUE COPY OF THE` `DATED 11/01/2021` `OFFICER, FAMILY` `BALARAMAPURAM .`	`APPLICATION FOR TRANSFER` `FILED BEFORE THE MEDICAL` `HEALTH CENTRE,`
`Exhibit P7`	`TRUE COPY OF THE` `DATED 11/01/2021` `BALARAMAPURAM, G`	`APPLICATION FOR TRANSFER` `FILED BEFORE THE SECRETARY,` `RAMA PANCHAYATH.`
`Exhibit P8`	`TRUE COPY OF THE` `/4342/CSD/2021/S` `BY THE NATIONAL`	`CIRCULAR N.H.M.` `PMSU DATED 17/11/2021 PASSED` `HEALTH MISSION.`
`Exhibit P9`	`TRUE COPY OF THE` `19/11/2021 FILED` `FHC, BALARAMAPUR`	`TRANSFER APPLICATION DATED` `BEFORE THE MEDICAL OFFICER,` `AM.`
`Exhibit P10`	`TRUE COPY OF THE` `2022.`	`REPRESENTATION DATED 03-04-`
`Exhibit P11`	`TRUE COPY OF THE` `2022.`	`POSTAL RECEIPT DATED 05-04-`

Sheeja.N.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheeja.N.P., v. State of Kerala

Case brief

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What did the court decide?

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