Disposed

Sujanapal A.K v. State of Kerala

Kerala HC2 Dec 2022WP(C)/2268/2021

Case brief

AI extract

What is this about?

The High Court, on the petition challenging termination of membership due to absence from meetings, did not decide the disputed facts. Instead, it directed the Government (1st Respondent) to consider the petitioner's representation and pass an order within two months after issuing notice to all parties.

What did the court decide?

Directed the 1st respondent to consider Ext.P13, issue notice to the petitioner and 3rd respondent, and pass an order within two months after hearing both sides.

Sujanapal A.K Vs State of Kerala — 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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FRIDAY, THE 2^ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944

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WP(C) NO. 2268 OF 2021

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PETITIONER:

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SUJANAPAL A.K AGED 31 YEARS S/O ACHUTHAN, AATTAKARA HOUSE, PAYYANADOM P.O. MANNARKKAD, PALAKKAD DISTRICT

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BY ADVS. K.MOHANAKANNAN SRI.RAFEEK. V.K.

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RESPONDENTS:

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

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2 THE DIRECTOR OF HEALTH SERVICES, PALAYAM-AIRPORT ROAD, NEAR GENERAL HOSPITAL ROAD, JUNCTION, THIRUVANANTHAPURAM-695 035.

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3 KERALA NURSES AND MID-WIVES COUNCIL, REPRESENTED BY ITS REGISTRAR, RD -CROSS ROAD, THIRUVANANTHAPURAM-695 035.

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4 THE PRESIDENT, KERALA NURSES AND MID-WIVES COUNCIL, RED-CROSS ROAD, THIRUVANANTHAPURAM-695 035.

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BY ADVS. RIYAL DEVASSY, GOVERNMENT PLEADER P.M.MOHAMMED SHIRAZ, STANDING COUNSEL FOR R3 & R4

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)NO.2268 OF 2021

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JUDGMENT

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Dated this the 02^nd day of December, 2022

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The petitioner was elected as a member of the

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Kerala Nurses and Midwives Council on 07.09.2019. While continuing as a member, the petitioner failed to attend the Council meetings held on 25.09.2019, 19.10.2019 and 12.11.2019. As per Section 11(c) of the Nurses and Midwives Act, 1953, a member of

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the Council shall be deemed to have vacated his seat on his absence, without sufficient excuse, from three consecutive meetings of the Council. The petitioner’s absence in the Council meetings on the above mentioned dates resulted in the Council invoking Section 11(c) and holding the petitioner’s membership in the Council to have ceased.

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Heard, the learned Government Pleader and

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learned Standing Counsel for respondents 3 and 4.

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W.P.(C)NO.2268 OF 2021

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Although various contentions are raised by

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the petitioner and refuted by the respondents, I deem it appropriate to direct the Government to take a decision in the matter, rather than delving into the disputed questions of fact. For this purpose, I take note of Section 19 of the Act, which indicates that the Government is conferred with certain supervisory powers.

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Learned Counsel for the petitioner pointed out that the petitioner had approached the Government with Ext.P13 representation, even prior to the filing of this writ petition and if an opportunity is granted, the petitioner produce documents in support of his contentions.

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The writ petition is hence disposed of, directing the 1^st respondent to consider Ext.P13 representation and take a decision thereon, after issuing notice to the petitioner and the 3^rd respondent. The petitioner and the 3^rd respondent

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W.P.(C)NO.2268 OF 2021

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shall be afforded opportunity to put forth their

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arguments and produce documents. The order, as

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directed above, shall be passed within an outer limit

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of two months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE

NB/2-12

W.P.(C)NO.2268 OF 2021

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	APPENDIX OF	WP(C)	2268/2021
PETITIONER EXHIBITS
EXHIBIT P1	TRUE COPY 7.9.2019	OF THE	GO(P) 94/2019/H&FWD DATED
EXHIBIT P2	TRUE COPY AND MIDWIV	OF THE ES ACT,	RELEVANT PAGE OF THE NURSES 1953.
EXHIBIT P3	TRUE COPY 18.10.2019	OF THE SUBMIT	REPRESENTATION DATED TED BEFORE THE 4TH RESPONDENT
EXHIBIT P4	TRUE COPY 11.11.2019	OF THE WITH M	REPRESENTATION DATED EDICAL PRESCRIPTION
EXHIBIT P5	TRUE COPY 29.11.2019	OF THE WITH M	REPRESENTATION DATED EDICAL PRESCRIPTION
EXHIBIT P6	TRUE COPY PETITIONER 20.11.2019	OF THE TO THE WITH M	COMMUNICATION SENT BY THE 3RD RESPONDENT DATED EDICAL CERTIFICATE
EXHIBIT P7	TRUE COPY MIDWIVES C	OF THE OUNCIL	MINUTES OF THE NURSES AND DATED 12.11.2019
EXHIBIT P8	TRUE COPY SUBMITTED RESPONDENT	OF THE BY THE	REPRESENTATION DATED 11.8.2020 PETITIONER BEFORE THE 3RD
EXHIBIT P9	TRUE COPY SUBMITTED RESPONDENT	OF THE BY THE	REPRESENTATION DATED 17.8.2020 PETITIONER BEFORE THE 2ND
EXHIBIT P10	TRUE COPY THE PETITI 19.8.2020	OF THE ONER BE	REPRESENTATION SUBMITTED BY FORE THE 4TH RESPONDENT DATED
EXHIBIT P11	TRUE COPY RESPONDENT	OF THE TO THE	COMMUNICATION SENT BY THE 2ND PETITIONER DATED 19.8.2020
EXHIBIT P12	TRUE COPY 21.7.2020	OF THE	JUDGMENT IN BA 18/2020 DATED
EXHIBIT P13	TRUE COPY 14.12.2020 THE 1ST RE	OF THE SUBMIT SPONDEN	REPRESENTATION DATED TED BY THE PETITIONER BEFORE T
EXHIBIT P14	TRUE COPY 13.1.2021	OF THE ISSUED	ORDER NO G1-5586/19/NC DATED BY THE 3RD RESPONDENT

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RESPONDENTS’ EXHIBITS: NIL

Sujanapal A.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sujanapal A.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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