Remanded

Jaseera P.T. v. Union of India

Kerala HC4 Apr 2022WP(C)/4100/2021

Case brief

AI extract

What is this about?

This employment dispute involved a temporary grassroots health worker dismissed after new Panchayath members demanded termination of all temporary staff. The court was satisfied with the petitioner's claim for service continuity under Mudra Scheme and identified a similar Division Bench judgment in her support.

What did the court decide?

Petitioner permitted to file representation before Director of Panchayaths; continues in service pending final order by authority within one month.

Jaseera P.T. Vs Union of India — Landlord and Tenant | 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

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WP(C) NO. 4100 OF 2021

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PETITIONER:

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JASEERA P.T. AGED 48 YEARS ATTENDER, HOMEO DISPENSARY, NIRAMARATHUR GRAMA PANCHAYATH, TIRUR, MALAPPURAM-676 109, RESIDING AT PALLIKATHYATH HOUSE, NIRAMARATHUR, KALAD, MALAPPURAM-676109.

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

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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 NATIONAL HEALTH MISSION, REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI-110011.

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3 STATE MISSION DIRECTOR, KERALA NATIONAL HEALTH MISSION, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695035.

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4 NIRAMARATHUR GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, NIRAMARATHUR, KALAD, MALAPPURAM-676109.

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5 THE SECRETARY, NIRAMARATHUR GRAMA PANCHAYATH, NIRAMARATHUR, KALAD, MALAPPURAM-676109.

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6 THE PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, NIRAMARATHUR GRAMA PANCHAYATH, NIRAMARATHUR, KALAD, MALAPPURAM-676109.

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7 THE PRESIDENT, NIRAMARATHUR GRAMA PANCHAYATH, NIRAMARATHUR, KALAD, MALAPPURAM-676109.

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8 THE MEDICAL OFFICER, HOMEO DISPENSARY, NIRAMARATHUR GRAMA PANCHAYATH, TIRUR, MALAPPURAM-676109.

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WP(C) NO. 4100 OF 2021

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*9 ADDL.R9. THE DIRECTOR OF PANCHAYATH, SWARAJ BHAWAN, GROUND FLOOR, NANTHANCODE, KOWDIAR.P.O., THIRUVANANTHAPURAM-695003.

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***(ADDITIONAL R9 SUO MOTU IS IMPLEADED AS PER ORDER DATED 4-4-2022 IN WP(C) 4100/2021).**

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BY ADVS. SRI.T.V.VINU, CGC SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK

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OTHER PRESENT:

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CGC DAYASINDHU SREEHARI N.S; ASGI S.MANU; ADV.M.AJAY FOR R2,R3. SR.GP.PREMCHAND R. NAIR FOR R8

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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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WP(C) NO. 4100 OF 2021

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JUDGMENT

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Dated this the 04^th day of April, 2022

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The petitioner was appointed as attender at the Primary Health Centre (Homeopathy) in the Niramarathur Grama Panchayath on 03.01.2014. Thereafter, the petitioner continued in service uninterruptedly. To her dismay, on 27.01.2021, the newly elected members of the Panchayath Committee demanded immediate termination of all temporary staff at the Homeo Dispensary. The writ petition was thereupon filed seeking to quash Ext.P8 and for a declaration that the petitioner is entitled to be retained in service as long as the National Health Mission Scheme exists and shall not be replaced with another temporary hand.

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Heard Advocates Thulasi K Raj for the petitioner, Bindumol Joseph for the respondent Panchayath, T. V. Vinu for respondents 1 and 2 and the learned Government Pleader, Premchand R Nair.

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Learned Counsel for the petitioner relied on

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WP(C) NO. 4100 OF 2021

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various Government Orders, to contend that the petitioner’s service cannot be terminated, without following due procedure. It is submitted that, in order to tackle the pandemic situation, Government had decided to continue the service of all temporary hands. Reliance is also placed on Ext.P15 judgment, wherein the Division Bench of this Court had directed, the Director of Panchayaths to consider the grievance of identically placed persons.

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Learned Standing Counsel for the Panchayath contended that none of the Government Orders relied on by the petitioner are applicable to her, since those orders pertain to temporary hands appointed under MGNRE Scheme. Being a temporary hand, the petitioner has no legal right to seek continuance or regularisation.

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Learned Counsel for respondents 1 and 2 pointed out that the National Health Mission and the Ministry of Health and Family Welfare are unnecessary parties, in as much as there is no privity of contract between the petitioner and respondents 1 and 2 and

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WP(C) NO. 4100 OF 2021

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further, their role is only to supplement the efforts taken by the Government in the Primary Health Sector.

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In the light of Ext.P15 judgment rendered by the Division Bench of this Court under similar circumstances, I deem it appropriate to dispose the writ petition, leaving the applicability of the Government Orders and other factual contentions of the parties to be decided by the appropriate authority. Accordingly, the writ petition is disposed of, permitting the petitioner to file a detailed representation before the Director of Panchayaths along with certified copy of this judgment and the relevant Government Orders. A copy of the representation along with the documents shall be forwarded to the Panchayath Secretary. Thereupon, the Panchayath Secretary 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

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WP(C) NO. 4100 OF 2021

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be furnished to the petitioner also.

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After receiving the Panchayath Secretary’s report, the Director of Panchayaths shall issue notice of hearing to the petitioner and the Secretary thereupon 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 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 the decision as ordered above is taken, the petitioner shall be allowed to continue in service.

Sd/-

V.G.ARUN JUDGE

NB/4-4

WP(C) NO. 4100 OF 2021

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APPENDIX OF WP(C) 4100/2021

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PETITIONER’S	EXHIBITS
EXHIBIT P1	TRUE COPY OF THE THE PETITIONER FOR 2014.	STAFF ATTENDANCE REGISTER OF THE MONTH OF APRIL AND MAY,
EXHIBIT P2	TRUE COPY OF THE THE PETITIONER FOR	STAFF ATTENDANCE REGISTER OF THE MONTH OF JANUARY, 2015.
EXHIBIT P3	TRUE COPY OF THE THE PETITIONER FOR	STAFF ATTENDANCE REGISTER OF THE MONTH OF JANUARY, 2016.
EXHIBIT P4	TRUE COPY OF THE THE PETITIONER FOR	STAFF ATTENDANCE REGISTER OF THE MONTH OF JANUARY, 2017.
EXHIBIT P5	TRUE COPY OF THE THE PETITIONER FOR	STAFF ATTENDANCE REGISTER OF THE MONTH OF JANUARY, 2018.
EXHIBIT P6	TRUE COPY OF THE THE PETITIONER FOR	STAFF ATTENDANCE REGISTER OF THE MONTH OF JANUARY, 2021.
EXHIBIT P7	TRUE COPY OF THE 10/02/2021 ISSUED RESPONDENT.	EXPERIENCE CERTIFICATE DATED TO THE PETITIONER BY THE 8TH
EXHIBIT P8	TRUE COPY OF THE NEWLY ELECTED 27/01/2020 WHICH RESPONDENT THROUGH	REQUEST LETTER SIGHED BY THE PANCHAYATH MEMBERS DATED IS SUBMITTED TO THE 7TH THE 5TH RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE I IN WA 1417/2017.	NTERIM ORDER DATED 01/11/2017
EXHIBIT P10	TRUE COPY OF THE I IN WPC NO.3293/201	NTERIM ORDER DATED 04/02/2019 9.
EXHIBIT P11	TRUE COPY OF NO.PAN/14760/2020-	GOVERNMENT ORDER BEARING E9(DP) DATED 12.01.2021.
EXHIBIT P12	TRUE COPY OF GOVE (RT.)NO.1067/2021/	RNMENT ORDER BEARING NO.G.O. LSGD DATED 01.06.2021.
EXHIBIT P13	TRUE COPY OF GOVE (RT.)NO.1149/2021/	RNMENT ORDER BEARING NO.G.O. LSGD DATED 15.06.2021.
EXHIBIT P14	TRUE COPY OF GOVE (RT.) NO.1496/2021	RNMENT ORDER BEARING NO.G.O. /LSGD DATED 09.08.2021.
EXHIBIT P15	TRUE COPY OF NO.925/2021 DATED	JUDGMENT IN WRIT APPEAL 27.09.2021.
RESPONDENTS	EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

Jaseera P.T. v. Union of India

Case brief

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Jaseera P.T. v. Union of India

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