Disposed

Smitha v. Vs Union of India

Kerala HC4 Apr 2022WP(C)/11836/2021

Case brief

AI extract

What is this about?

In a writ petition filed by an Attender seeking to retain service at an Ayurveda Dispensary against temporary replacement, the Court disposed of the matter by referring to a Division Bench judgment. The Court directed the petitioner to seek a decision from the Director of Panchayats, permitted interim service, and set timelines for Departmental reports. No substantive law was decided.

What did the court decide?

Permitted to continue in service pending directions to the Director of Panchayats to examine the claim and pass final orders. Directions on timelines for representation and report filing.

Smitha v Vs Union of India — Pension and Retirement Benefits | 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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MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 11836 OF 2021

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PETITIONER/S:

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SMITHA V AGED 37 YEARS THADATHIVILTHEKKIL HOUSE, SURESH BHAVANAM, SOORANAD NORTH, ANAYADI P.O, KOLLAM-690561 KOLLAM, PIN - 690561 BY ADV MAITREYI SACHIDANANDA HEGDE

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RESPONDENT/S:

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1 UNION OF INDIA UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI- 110011, PIN - 110011 2 NATIONAL HEALTH MISSION NATIONAL HEALTH MISSION, REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI- 110011., PIN - 110011 3 STATE MISSION DIRECTOR KERALA STATE MISSION DIRECTOR, KERALA NATIONAL HEALTH MISSION DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF KERALA, GENERAL HOSPITAL JN., THIRUVANANTHAPURAM- 695035., PIN - 695035 4 SOORANAD NORTH GRAMA PANCHAYATH SOORANAD NORTH GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY SOORANAD NORTH P.O. KOLLAM- 690561, PIN - 690561 5 SECRETARY SOORANAD NORTH GRAMA PANCHAYAT THE SECRETARY, SOORANAD NORTH GRAMA PANCHAYATH SOORANAD NORTH P.O. KOLLAM- 690561, PIN - 690561 6 PANCHAYATH COMMITTEE SOORANAD NORTH GRAMA PANCHAYATH THE PANCHAYATH COMMITTEE

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W.P.(C) No.11836 of 2021

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REPRESENTED BY ITS PRESIDENT SOORANAD NORTH GRAMA PANCHAYATH SOORANAD NORTH P.O. KOLLAM- 690561., PIN - 690561 7 PRESIDENT SOORANAD NORTH GRAMA PANCHAYATH THE PRESIDENT SOORANAD NORTH GRAMA PANCHAYATH SOORANAD NORTH P.O. KOLLAM- 690561., PIN - 690561 8 THE MEDICAL OFFICER SOORANAD NORTH AYURVEDA DISPENSARY THE MEDICAL OFFICER SOORANAD NORTH AYURVEDA DISPENSARY, SOORANAD NORTH GRAMA PANCHAYATH SOORANAD NORTH P.O. KOLLAM- 690561 KOLLAM, PIN - 690561 9 ADDL R9. DIRECTOR OF PANCHAYATS, SWARAJ BHAVAN, GROUND FLOOR,NANTHANCODU, KOWDIAR P.O, THIRUVANANTHAPURAM-695003. IS SUO MOTU IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED 04.04.2022 IN WP(C) 11836/2021 BY ADV SHRI.SIJU KAMALASANAN, SC, SOORANAD NORTH GRAMA PANCHAYATH

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OTHER PRESENT:

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ASGI S. MANU; SR.GP. PREMCHAND R. NAIR; SC FOR R2,3 M. AJAY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.11836 of 2021

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JUDGMENT

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Dated this the 4^th day of April, 2022

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The petitioner was appointed as Attender on

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temporary basis at the NRHM-Ayurveda Dispensary, in Sooranad North Grama Panchayath on 20.01.2016 and continued in service uninterruptedly. Now the respondents are trying to replace the petitioner with a fresh hand. The writ petition is filed seeking a declaration that the petitioner is entitled to be retained as Attender in Sooranad North Ayurveda Dispensary as long as National Health Mission Scheme exists and that the petitioner cannot be replaced with another temporary hands.

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Heard Advocates Maitreyi Sachchindananda Hegde for the petitioner, M.Ajay for respondents 2 and 3, K. Siju for respondents 4 to 7 and the Government Pleader, Premchand R Nair for the 8^th

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W.P.(C) No.11836 of 2021

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respondent.

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Learned Counsel for the petitioner relied

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on various Government Orders to contend that, for the purpose of tackling the spread of Covid-19 pandemic, the Government had directed all Local Self Government Institutions to continue the service of temporary hands. Reliance is also placed on Ext.P6 in W.P.(C) No.4100/2021, wherein this Court has passed an interim order permitting the writ petitioner to continue in service.

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Learned Standing Counsel for the

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Panchayath submitted that the Government Orders relied on by the petitioner are with respect to temporary hands appointed under MGNRE Scheme and hence, not applicable. It is contended that, being a temporary hand, the petitioner has no legal right to seek either continuance or regularisation.

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Learned Counsel for respondents 1 and 2 pointed out that the National Health Mission and

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W.P.(C) No.11836 of 2021

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Ministry of Health and Family Welfare are unnecessary parties, since there is no privity of contract between those respondents and the petitioner. Further, the role of respondents 2 and 3 is only to supplement the efforts taken by the Government in the Primary Health Sector.

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In view of the Division Bench judgment

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in writ appeal No.925/2021 dated 27.09.2021, rendered under similar circumstances, I deem it appropriate to dispose the writ petition, leaving the contention regarding applicability of the

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Government Orders to be decided by the appropriate authority. The writ petition is hence disposed of, permitting the petitioner to file a detailed representation before the Director of Panchayaths along with certified copy of this judgment and relevant Government Orders. A copy of the representation along with documents shall be forwarded to the Panchayath Secretary

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W.P.(C) No.11836 of 2021

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and thereupon, the Panchayath Secretary also

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shall submit a detailed report before the Director of Panchayaths, touching upon the factual aspects and the applicability, or otherwise, of the Government orders and Departmental Circulars. A copy of that report shall be furnished to the petitioner also. After receiving the Panchayath Secretary’s report, the Director of Panchayaths shall issue notice of hearing to the petitioner and the Secretary and decide the petitioner's claim for continuance in service. To effectuate an early decision in the

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matter, the petitioner shall file the representation within two weeks of receipt of a

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copy of this judgment and the Panchayath Secretary shall file the report within two weeks thereafter. The Director of Panchayaths shall pass final orders in the matter within one month of receipt of the Panchayath Secretary’s report. Till a decision is taken by the Director of

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W.P.(C) No.11836 of 2021

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Panchayats, the petitioner shall be allowed to continue in service.

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No.11836 of 2021

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APPENDIX OF W.P.(C) No.11836/2021

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PETITIONER'S EXHIBITS

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EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER NO.S3-5656/2015 DATED 30.01.2016 ISSUED BY THE 5TH RESPONDENT

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EXT.P2 TRUE COPY OF THE AGREEMENT DATED 31.03.2018 SUBMITTED BY THE PETITIONER

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EXT.P3 TRUE COPY OF THE DECISION NO.4/1 DATED 20.03.2020 OF THE PANCHAYATH COMMITTEE MEETING

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EXT.P4 TRUE COPY OF THE AGREEMENT DATED 01.04.2020 SUBMITTED BY THE PETITIONER

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EXT.P5 TRUE COPY OF THE LETTER DATED 18.02.2021 SUBMITTED BY THE 8TH RESPONDENT TO THE 5TH RESPONDENT

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EXT.P6 TRUE COPY OF THE INTERIM ORDER DATED 17.02.2021 IN WP(C) NO.4100/2021.

Smitha v. Vs Union of India

Case brief

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Smitha v. Vs Union of India

Case brief

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