Disposed

Nubaisath C.H v. Union of India

Kerala HC16 Sept 2022WP(C)/13890/2022

Case brief

AI extract

What is this about?

In this writ petition, the Court disposed of the matter by directing the petitioner to file a detailed representation addressing her grievance regarding her service. The respondent Director of Panchayaths was directed to consider the representation against Government Orders, afford reasonable opportunity of being heard to both parties, and pass a decision within two months.

What did the court decide?

Petitioner directed to file representation; Director of Panchayaths to consider facts against GOs, hold hearing, and decide in two months. Pending decision, interim order continues; adverse orders to

Nubaisath C.H Vs Union of India — 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 16^TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

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WP(C) NO. 13890 OF 2022

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PETITIONER:

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NUBAISATH C.H AGED 29 YEARS W/O. ABOOBACKER, ATTENDER, VELLAMUNDA GRAMA PANCHAYATH, AYUSH NHM PRIMARY HEALTH CENTRE HOMEOPATHY, THURUVANA, WAYANAD - 670645, RESIDING AT MANNANKANDY (H), THURUVANA, WAYANAD - 670645.

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BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110011.

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2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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3 DIRECTOR OF PANCHAYATH DIRECTORATE OF PANCHAYATHS, PATTOM, THIRUVANANTHAPURAM - 695001.

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4 VELLAMUNDA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O, WAYANAD - 670731.

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5 SECRETARY, VELLAMUNDA GRAMA PANCHAYATH, P.O.WAYANAD - 670731.

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6 THE PANCHAYATH COMMITTEE, REPRESENTED BY ITS PRESIDENT, VELLAMUNDA GRAMA

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WP(C) NO. 13890 OF 2022

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PANCHAYATH, WAYANAD - 670731.

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7 MEDICAL OFFICER, PHC KANDATHUVAYAL, VELLAMUNDA PANCHAYATH, WAYANAD - 670731. BY ADVS. MANU S., ASG OF INDIA K.S.ARUN KUMAR SUNIL KURIAKOSE-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13890 OF 2022

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JUDGMENT

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Dated this the 16^th day of September, 2022

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This writ petition is filed seeking the following reliefs:-

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i. To declare that the petitioner is not liable to be terminated from service and that she is entitled to continue as Attender at Ayush Primary health Centre (Homeopathy), Vellamunda Gram Panchayat.

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ii. To issue a writ of mandamus directing the respondents to pass orders permitting the petitioner to continue in service as Attender at Ayush Primary Health Centre (Homeopathy), Vellamunda Grama Panchayat.

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iii. To issue a writ of mandamus directing the respondents to refrain from inducting fresh hands in the post of Attender at Ayush Primary Health Centre (Homeopathy), Vellamunda Grama Panchayat.

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Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned Counsel appearing for the respondents 4 to 7.

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It is submitted by the learned counsel for the petitioner that the petitioner had been continuing in service as Attender at the Ayush Primary Health Centre under the 4^th respondent from

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WP(C) NO. 13890 OF 2022

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30/3/2013 onwards. It is contended that in an identical circumstance Ext.P10 judgment had been rendered by a Division Bench of this Court directing consideration of the claim of the petitioner therein for continuance on the basis of the Government orders in force.

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The learned counsel appearing for the Panchayat submits that the direction to the Director of Panchayat to consider the issue can be issued in this case as well.

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In the above view of the matter, this writ petition is disposed of with the following directions:-

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The petitioner will immediately file a detailed representation in regard to her grievance and forward the same to the respondent Director of Panchayat and advance copy thereof will also be sent by registered post along with the certified copy of this judgment and also along with copies of Exts.P6 to P8 Government Orders and Ext.P5 circular dated 12.1.2021 issued by the Director of Panchayat. Copies of the above said representation along with the accompanying documents and the copy of the judgment shall also be forwarded by the petitioner to the respondent Panchayat Secretary in this case. Thereafter, the Panchayat Secretary will

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WP(C) NO. 13890 OF 2022

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give a detailed report to the Director of Panchayat as to whether the case of the petitioner would be broadly covered by the above said Government Orders and the circular. A copy of the said report of the Panchayat Secretary should also be given in advance to the petitioner. Thereafter the Director of Panchayat will afford reasonable opportunity of being heard to the petitioner, either in person or through her representative, if any, and will also hear the representatives of the respondent Panchayat and then may take a decision on the issue as to whether the case of the petitioner herein is broadly covered by the above said Government Orders and the circular.

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Decision in that regard may be taken within a period of two months from the date of receipt of a copy of the representation along with the accompanying documents and copy of this judgment and decision taken thereof shall immediately be forwarded by speed post to the petitioner as well as the Panchayat Secretary. Until a decision is taken by the Director of Panchayat as directed above, the interim order passed by this Court will continue to hold the field. If the decision of the Director of Panchayat is in any manner adverse to the petitioner, then the operation and implementation of such orders shall be kept in abeyance for a

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WP(C) NO. 13890 OF 2022

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period of four weeks from the date of its communication to the petitioner, so that the petitioner can challenge such adverse orders

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in the manner known to law.

Sd/-

ANU SIVARAMAN

JUDGE

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WP(C) NO. 13890 OF 2022

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APPENDIX OF WP(C) 13890/2022

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PETITIO	NER EXHIBI	TS
Exhibit	P1	TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 7TH RESPONDENT DATED 4.4.2022.
Exhibit	P2	TRUE COPY OF THE DECISION PERTAINING TO THE HOSPITAL MANAGEMENT COMMITTEE (HMC) MEETING DATED 18.06.2013.
Exhibit	P3	TRUE COPY OF THE RELEVANT PAGES OF THE MUSTER ROLL OF THE PETITIONER OF THE MONTHS OF MARCH 2013.
Exhibit	P4	TRUE COPY OF THE RELEVANT PAGES OF THE MUSTER ROLL OF THE PETITIONER FOR THE MONTHS OF MARCH 2022.
Exhibit	P5	TRUE COPY OF THE ORDER PAN/14760/2020-9 (DP) DATED 12.01.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS.
Exhibit	P6	TRUE COPY OF THE G.O(RT) NO. 1067/2021/LSGD DATED 01.06.2021, ISSUED BY THE 1ST RESPONDENT.
Exhibit	P7	TRUE COPY OF THE G.O(RT) NO. 1149/2021/LSGD DATED 15.06.2021 ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT.
Exhibit	P8	TRUE COPY OF G.O(MS) 1496/2021/LSGD DATED 09.08.2021.
Exhibit	P9	TRUE COPY OF THE INTERIM ORDER IN WA NO. 807/2021 DATED 30.06.2021.
Exhibit	P10	TRUE COPY OF JUDGMENT IN WRIT APPEAL NO. 925/2021 AND CONNECTED CASE DATED 27.09.2021.
Exhibit	P11	TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.

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WP(C) NO. 13890 OF 2022

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9231/2022 DATED 18.03.2022. Exhibit P12 TRUE COPY OF THE G.O (RT) NO. 758/2022/LSGD DATED 26.03.2022. Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 30.03.2022 IN WPC. 11120/22.

Nubaisath C.H v. Union of India

Case brief

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Nubaisath C.H v. Union of India

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