Disposed

Manju Chacko v. Union of India

Kerala HC4 Apr 2022WP(C)/17478/2019

Case brief

AI extract

What is this about?

Petitioner, a temporary Attender at Piravom Municipality, challenged her imminent replacement through a writ petition challenging a notice seeking to replace her. The court disposed of the petition by permitting petitioner to file a detailed representation with Directorate of Urban Affairs. Finding it appropriate to leave applicability of orders to deptt authority, petitioner was allowed continuat

What did the court decide?

Petitioner allowed to file detailed representation with Director of Urban Affairs materials and continue in service pending final decision on continuance in service.

Manju Chacko 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 MR.JUSTICE V.G.ARUN

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MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 17478 OF 2019

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PETITIONER/S:

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MANJU CHACKO AGED 40 YEARS ATTENDER, NHM AYURVEDA DISPENSARY, PAZHOOR P.O., PIRAVOM, ERNAKULAM - 686 664 BY ADVS. KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA SMT.RIYA RAYMOL IYPE

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110 011

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2 NATIONAL HEALTH MISSION REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110 011

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3 STATE MISSION DIRECTOR KERALA NATIONAL HEALTH MISSION, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, GENERAL HOSPITAL JN, THIRUVANANTHAPURAM - 695 035

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4 PIRAVOM MUNICIPALITY REPRESENTED BY THE SECRETARY, PIRAVOM, ERNAKULAM - 686 664

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5 THE SECRETARY PIRAVOM MUNICIPALITY, PIRAVOM, ERNAKULAM - 686 664

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6 THE MEDICAL OFFICER GOVERNMENT AYURVEDA DISPENSARY (NHM), PAZHOOR - 686 664

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7 ADDL. R7. DIRECTORATE OF URBAN AFFAIRS SWARAJ BHAVAN, NANTHANCODE P. O., THIRUVANANTHAPURAM - 3 IS SUOMOTU IMPLEADED AS PER ORDER DATED 04.04.2022 IN WP(C). BY ADVS. SRI.JAISHANKAR V.NAIR, CGC SRI.GEORGE SEBASTIAN, SC, PIRAVOM MUNICIPALITY

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W.P.(C) No.17478 of 2019

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SRI.K.S.ARUN KUMAR

OTHER PRESENT:

ASGI S. MANU; CGC DAYASINDHU SREEHARI N.S; SC FOR NHM M. AJAY SC FOR PIRAVOM MUNICIPALITY ARUNKUMAR

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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.17478 of 2019

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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 Government Ayurveda Dispensary, Pazhoor in Piravom Municipality on 28.02.2014 and continued in service

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uninterruptedly. Now the respondents are trying to replace the petitioner with a fresh hand. The writ petition is filed seeking to quash Ext.P2 and for a declaration that the petitioner is entitled to continue in service as Attender at the Government Ayurveda Dispensary, Pazhoor under the 4^th respondent Municipality and shall not be replaced with another temporary hand.

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Heard Advocates Thulasi K Raj for the

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petitioner, M.Ajay for the second respondent, K.S.Arun Kumar for respondents 4 and 5 and the Government Pleader, Premchand R Nair for the 6^th respondent.

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W.P.(C) No.17478 of 2019

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Learned Counsel for the petitioner relied

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on various Government Orders to contend that, in

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order to tackle the pandemic situation, the Government had directed all Local Self Government Institutions to continue the service of temporary hands. Reference is made to the Division Bench

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judgment in writ appeal No.925/2021 dated

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27.09.2021, rendered under similar circumstances, to point out that, therein the Director of Panchayaths was directed to consider the grievance of the petitioner and till such time, the petitioner was allowed to continue in service.

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Learned Standing Counsel for the

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Municipality submitted that the Government Orders relied on by the petitioner are not applicable to her and is with respect to temporary hands appointed under MGNRE Scheme. It is contended

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that, being a temporary hand, the petitioner has

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W.P.(C) No.17478 of 2019

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no legal right to seek continuance or

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regularisation.

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Learned Counsel for the second respondent clarified that the National Health Mission and Ministry of Health and Family Welfare are unnecessary parties, as there is no privity of contract between the petitioner and the second respondent. Further, their role is only to supplement the efforts taken in the Primary Health Sector by the Government.

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Although various legal and factual

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contentions were raised, in view of the Division Bench judgment rendered under similar circumstances, I deem it appropriate to dispose the writ petition, leaving the contention regarding applicability of the Government Orders to be decided by the appropriate authority.

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The writ petition is hence disposed of,

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permitting the petitioner to file a detailed representation before the Directorate of Urban

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W.P.(C) No.17478 of 2019

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Affairs along with certified copy of this judgment and relevant Government Orders. A copy of the representation along with documents shall be forwarded to the Secretary, Piravom Municipality and thereupon, the Secretary, Piravom Municipality also shall submit a detailed report before the Directorate of Urban Affairs, 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 Secretary’s report, the Director of Urban Affairs 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 matter, the petitioner shall file the representation within two weeks of receipt of a copy of this judgment and the Secretary shall file the report within two weeks thereafter. The

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W.P.(C) No.17478 of 2019

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Director of Urban Affairs shall pass final orders

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in the matter within one month of receipt of the Secretary’s report. While considering the representation, the Director of Urban Affairs shall also take into account the petitioner's contention that she has not been paid wages in accordance with the extant Government

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orders/circulars. Till a decision is taken by the Director of Urban Affairs, the petitioner shall be allowed to continue in service.

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No.17478 of 2019

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APPENDIX OF WP(C) 17478/2019

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PETITIONER EXHIBITS

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EXHIBIT	P1 TRUE COPY OF THE ORDER NO.NRHM/4885/ADMIN4/2013/SPMSU DATED 11.10.2013
EXHIBIT	P2 TRUE COPY OF THE NOTICE DATED 19.2.2019
EXHIBIT	P3 TRUE COPY OF THE CERTIFICATE DATED 11.6.2017 ISSUED BY THE THEN MEDICAL OFFICER DR. DIVYA C.N.
EXHIBIT	P4 TRUE COPY OF THE CERTIFICATE DATED 31.3.2019 ISSUED BY THE MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, PAZHOOR
EXHIBIT	P5 TRUE COPY OF SOME PAGES OF THE INDEX BOOK
EXHIBIT	P6 TRUE COPY OF THE G.O.(RT)NO. 1099/2017/LSGD DATED 7.4.2017
EXHIBIT	P7 TRUE COPY OF THE INTERIM ORDER DATED 1.11.2017 IN W.A.1417/17
EXHIBIT	P8 TRUE COPY OF THE INTERIM ORDER DATED 4.2.2019 IN W.P.(C)NO.3293/2019

Manju Chacko v. Union of India

Case brief

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Manju Chacko v. Union of India

Case brief

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