Disposed

Satheesh T.N. v. Medical Centre and Reliefs Services (Medicares) Palakkad

Kerala HC5 Mar 2024WP(C)/21038/2023

Case brief

AI extract

What is this about?

Writ petition challenging retirement order against pharmacist under Medicares scheme. Court quashed non-compliant minutes submitted by improperly constituted Executive Committee.

What did the court decide?

Ext.P19 (minutes of the meeting) is quashed. The Executive Committee as per the stipulated constitution is directed to consider the petitioner's claim for extension of tenure within one month.

Satheesh T.N. Vs Medical Centre and Reliefs… — Pension and Retirement Benefits | Kerala HC (2024)

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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 BASANT BALAJI

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TUESDAY, THE 5^TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945

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WP(C) NO. 21038 OF 2023

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PETITIONER/S:

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SATHEESH T.N.

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AGED 58 YEARS, S/O.B.NARAYANAN, THAZHATH HOUSE, KANNANUR P.O, PALAKKAD, PIN - 678702

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BY ADVS. GIRIJA K GOPAL K.N.VIGY

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RESPONDENT/S:

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1 MEDICAL CENTRE AND RELIEFS SERVICES (MEDICARES) PALAKKAD, REPRESENTED BY IT'S CHAIRMAN, THE DISTRICT COLLECTOR, PALAKKAD, PIN - 678001

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2 THE CHAIRMAN, MEDICAL CENTRE AND RELIEFS SERVICES (MEDICARES) PALAKKAD, (THE DISTRICT COLLECTOR, PALAKKAD). KERALA, PIN - 678001

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3 THE MEMBER SECRETARY, MEDICAL CENTRE AND RELIEFS SERVICES (MEDICARES) PALAKKAD, (THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD, PIN - 678001

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4 THE SUPERINTENDENT, MEDICAL CENTRE AND RELIEFS SERVICES, (MEDICARES), THE OFFICE OF THE DISTRICT COLLECTOR,PALAKKAD, KERALA, PIN - 678001

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5 MR. SUNDARESAN, NOW WORKING AS SUPERINTENDENT, MEDICAL CENTRE AND RELIEFS SERVICES (MEDICARES) PALAKKAD, DISTRICT HOSPITAL COMPOUND, DISTRICT HOSPITAL,PALAKKAD, KERALA, PIN - 678001

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OTHER PRESENT:

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SR GP SMT MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 21038/2023

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JUDGMENT

(Dated this the 5^th day of March 2024)

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The petitioner, a registered Pharmacist, was appointed as a

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Pharmacist on 30.05.1996 in the Medicares Project and he has

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been continuing in service till 31.05.2023. The petitioner was appointed as per Ext.P6 dated 30.05.1996. Thereafter, he was transferred from Medicares Medical Shop at CHC compound Alathur, to Medicares Medical Shop at District Hospital premises, as per Ext.P7. Upon transfer, the matter was informed to the Drugs Controller as mandated under the Act. Ext.P11 is the report of the Sub-Committee regarding the amended service conditions. A perusal of Ext.P11 would show that the SubCommittee has taken note of the fact that there is no rule or condition regarding the age of retirement of the employees, and a recommendation was made that other than the Superintendent and Assistant Superintendent, all the employees can be allowed to continue till the age of 60 years, and the Superintendent and

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WPC 21038/2023

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Assistant Superintendent till the age of 65 years, and the

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recommendation was also to the effect that the same can be effected from 01.01.2020 onwards.

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The petitioner, anticipating that he would be terminated on attaining the age of 58 years, filed Ext.P12 before the 2^nd respondent. On receipt of the said representation, the 2^nd respondent forwarded the same to the 4^th respondent for his remarks on 28.02.2023. In the meanwhile, on 29.05.2023, the petitioner was issued with Ext.P14 notice, directing that since he has attained the age of 58 years, he has to vacate the office on 31.05.2023 at 5 pm and handover the medicines as

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well as the records to the Medicares Assistant Superintendent. On receipt of Ext.P14, the petitioner submitted Ext.P15 before the 3^rd respondent on the very same day itself. By Ext.P16 letter, the petitioner informed that he has to retire on 31.05.2023 and the retirement benefits would be paid to him on

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WPC 21038/2023

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his application. The petitioner produced Ext.P17 an order issued

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by the Government of Kerala in respect of the retirement age of

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the employees under the HDS/HMC/HDC to show that the age

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of retirement was fixed as 65 years. The petitioner, therefore,

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approached this Court for the following reliefs:

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“i) issue a writ of Certiorari, direction, or any other appropriate writ, order or direction quashing Exhibits P14 and P16 as being arbitrary and illegal.

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ii. To declare that the termination of the Petitioner by the 4th respondent is null and void as being issued without authority,

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iii. To declare that the petitioner is entitled to continue as long as the Medicares Project exists, or at least till 60 years.

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iv. To issue a writ of mandamus directing the respondents to reinstate the petitioner forthwith

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v. to direct the 2nd respondent to consider and pass orders on Ext.P13 representation submitted by the petitioner.”

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A counter affidavit is filed on behalf of the 4^th

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respondent in which it is stated that Medicare is an

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organisation which was formed under the Charitable Societies

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Act, 1860 on 21.07.1993. It is started with the funds allotted by

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the Central Government in its Special Component Plan. The

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rules of recruitment and conditions services are not governed by

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any statute or subordinate legislation, nor is Medicares a

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creature of any statute. The Executive Committee consists of the District Collector, Member Secretary, District Hospital Superintendent, District Medical Officer, Finance Officer at Collectorate, and the Planning Officer. The Apex decision making body is the governing body. It consists of the District Collector-Chairperson/Member Secretary – Superintendent of District Hospital, Palakkad, DMO (Health), Palakkad, RDO Palakkad, District Development Officer for SC/ST and Planning Officer at Collectorate, Superintendent of Taluk Head Quarters

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Hosptial, Alathoor and Chittur Superintendent, Community Healthy Centre Nenmara and Kuizhal Mannam, Superintendent Tribal Hospital, Attapady, Co-ordinator, Nehru Yuva Kendra and a non-official member from outside.

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Though, Ext.P11 Sub-Committee report recommended

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the age of retirement to be 60 years as per Ext.P14, it was

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ordered that the age of retirement be 58 years with two years extension on merit. It is in accordance with the decision of the Chairman, and after obtaining the necessary oral directions from the Chairman and the District Collector, the petitioner was issued with the impugned orders.

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In the counter affidavit, Ext.R4(c) is produced, which is an interim report sent by the 4^th respondent to the 2^nd respondent on the representation filed by the petitioner for extension of his term by two years, and Ext.R4(d) is the Final Report sent by the 4^th respondent to 2^nd respondent informing that though the period of retirement is fixed was 56 years, as per the recommendation of the Sub-Committee, it is sought to be enhanced to 60 years and therefore, the petitioner’s claim regarding extension of two years can be considered. Ext.R4(d) is

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issued on 29.05.2023.

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Going through the averments in the counter affidavit

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filed by the 4^th respondent, specifically in paragraph 12,

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wherein the respondents have produced Ext.R4(d) and submitted that already a letter has been issued to the 2^nd respondent, for consideration of his extension for a further period of two years,

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and taking note of the said fact, this Court passed an order directing the Executive Committee to consider Exts.R4(c) and (d) in the light of Ext.R4(e) minutes and consider the grant of extending the tenure of the petitioner. Though the time was granted, on 15.12.2023, when the case was called again, the learned Government Pleader submitted that a decision has not been taken yet and will be taken on 28.12.2023. Thereafter, through a memo, the minutes of the Medicare Executive Committee is produced by the learned Government Pleader. The petitioner has also produced the same as Ext.P19 along with a reply affidavit.

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WPC 21038/2023

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A perusal of Ext.P19 would show that the Executive

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Committee met on 28.12.2023 in the chamber of the District Collector, which consisted of five members, have taken a decision that the age of retirement of employees of the Medicares was already taken on 02.08.2023 and therefore, the Committee was of the unanimous opinion that the petitioner’s extension need not be considered.

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The learned Senior Government Pleader submits the petitioner has filed this Writ Petition, only on 24.06.2023 after a lapse of 26 days after he was terminated from the post of Pharmacist on 29.05.2023. Therefore, the Writ Petition itself is not maintainable.

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In the counter affidavit filed by the respondent, the respondent specifically stated the constitution of the Executive Committee. A perusal of Ext.P19 would show that the Committee considered the claim of the petitioner pursuant to

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WPC 21038/2023

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the direction of this Court by five persons, though it is not as

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per the constitution stated in the counter affidavit filed by the respondent. Moreover, it is not signed by the Member Secretary and there are handwritten insertions on both pages, and the insertions are not countersigned by any of the Members or the Chairman.

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When this Court has specifically directed the

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Executive Committee to take a decision on R4(c) and R4(d) in the light of Ext.R4(e), the Committee is bound to comply with the orders of this Court, instead, they have reiterated the decision taken in R4(e) and rejected the application filed by the petitioner.

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Ext.P19 is totally not in compliance with the order passed by this Court, as the composition of the Executive committee is not in order. The counter-affidavit itself says that

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the composition of the Executive Committee consists of the

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WPC 21038/2023

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District Collector, Member Secretary, District Hospital superintendent, District Medical Officer, Finance Officer at Collectorate, and Planning Officer. The Members who have attended the so-called Executive Committee on 28.12.2023 is not in accordance with the Constitution. The question of enhancing the age of retirement of any employee is to be by the governing Body. This Court has directed the Executive Committee to consider the extension of period in respect of the petitioner alone, because the Executive Committee is the competent authority. But the Composition of the Executive Committee which has passed the order pursuant to the direction of this Court, is not in tune with the composition as stated in the counter-affidavit.

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Therefore, Ext.P19 cannot stand in the eye of the law; it needs interference. In the result, Ext.P19 is quashed, Since the issue in hand has is regarding the extension of term.

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WPC 21038/2023

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The Executive Committee consisting of the District Collector, Member Secretary, District Hospital superintendent, District Medical Officer, Finance Officer at Collectorate, and Planning Officer, should consider Exts.R4(c), (d) in the light of Ext.R4(e) minutes in this matter within a period of one month from the date of receipt of a copy of the judgment. Needless to say, I have not gone into the merits of the contentions raised regarding the enhancement of age or extension of term and it is for the Executive Committee to consider, independently, the claim of the petitioner alone.

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Writ petition is disposed of accordingly.

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Sd/BASANT BALAJI JUDGE

WPC 21038/2023

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APPENDIX OF WP(C) 21038/2023

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PETITIONER EXHIBITS

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Exhibit P 1	A TRUE COPY OF ORDER NO. 420/MED./92/DPO/PKD DATED 20.3.1993 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD ALONG WITH TYPED COPY
Exhibit P 2	A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.7.1993 ISSUED BY THE REGISTRAR OF SOCIETIES
Exhibit P 3	A TRUE COPY OF THE ORDER NO.REF. D7-36612/93 DATED 16.07.1993 ISSUED BY THE 2ND RESPONDENT
Exhibit P 4	A TRUE COPY OF THE MINUTES OF THE MEDICARES GOVERNING BODY MEETING HELD ON 16.12.2019 AT THE COLLECTOR'S CHAMBER
Exhibit P 5	A TRUE COPY OF THE CERTIFICATE OF REGISTERED PHARMACIST NO. 16019 DATED 05.04.1993 ISSUED BY THE PHARMACY COUNCIL OF THE STATE OF KERALA
Exhibit P 6	A TRUE COPY OF THE APPOINTED ORDER AS PHARMACIST AT ALATHUR AS PER ORDER REF.1/ 95/MEDICARES DATED 30.5.1996 ISSUED BY THE THEN MEMBER SECRETARY AND SUB COLLECTOR
Exhibit P 7	A TRUE COPY OF TRANSFER ORDER OF THE PETITIONER TRANSFERRED TO MEDICARES MEDICAL SHOP , DISTRICT HOSPITAL , PALAKKAD, AS PER ORDER REF NO. 11/2017/MEDICARES DATED 23.09.2022 ISSUED BY THE 2ND RESPONDENT
Exhibit P 8	A TRUE COPY OF THE LETTER DATED 5.12.2022 ISSUED BY THE MEDICAL SHOP IN THE PREMISES OF DISTRICT HOSPITAL, PALAKKAD TO DRUGS INSPECTOR , PALAKKAD.
Exhibit P 9	A TRUE COPY OF THE DECLARATION DATED 14.12.2022 FURNISHED BY THE PETITIONER BEFORE THE DRUGS CONTROLLER
Exhibit P 10	A TRUE COPY OF THE CERTIFICATE OF LICENSE DATED 21.8.2009 GRANTED TO THE 2ND RESPONDENT BY THE ASSISTANT DRUGS CONTROLLER, THRISSUR
Exhibit P 11	A TRUE COPY OF THE REPORT ALONG WITH ANNEXURE

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WPC 21038/2023

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	THERETO CIRCULATED AMONG EMPLOYEES WITH THE SEAL AND SIGNATURE OF THE 4TH RESPONDENT AFFIXED ON 21.1.2020
Exhibit	P 12 A TRUE COPY OF THE REPRESENTATION DATED 20.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit	P 13 A TRUE COPY OF THE LETTER DATED 28..2..2023 ISSUED BY THE DISTRICT COLLECTOR
Exhibit	P 14 A TRUE COPY OF THE NOTICE NO.17/2019 DATED 29.5.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER
Exhibit	P 15 A TRUE COPY OF THE LETTER SUBMITTED PETITIONER ADDRESSED THE 3RD RESPONDENT ON 29.5.2023
Exhibit	P 16 A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT BEARING NO.REF.17/2019 DATED 31.5.2023 TO THE PETITIONER
Exhibit	P 17 A TRUE COPY THE ORDER ISSUED BY HEALTH AND FAMILY WELFARE (M) DEPARTMENT AS PER G.O.(RT) NO. 2466/2018/H&FWD DATED 02.08.2018
EXHIBIT	P 18 A TRUE COPY OF THE COMMUNICATION NO. 3/SR/ MEDICARES / PKD DATED 24.6.2023 ISSUED BY THE 4TH RESPONDENT TO SRI. T. N.SABEESH, ADVOCATE, HARIKKARA STREET, PALAKKAD
EXHIBIT	P 19 A TRUE COPY OF THE MEDICARES EXECUTIVE COMMITTEE MEETING SAID TO HAVE BEEN CONVENED ON 28.12.2023, WHICH IS PRODUCED BY THE GOVERNMENT PLEADER ALONG WITH MEMO DATED 15.1.2024
EXHIBIT	P 20 A TRUE COPY OF THE COMMUNICATION NO. MC 17/2019 DATED 29.12.2023 ISSUED BY THE SUPERINTENDENT, MEDICARES, TO THE PETITIONER

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RESPONDENT EXHIBITS

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EXHIBIT R4(A)	TRUE COPY OF THE PROFORMA SUBMITTED BY THE
	PETITIONER RECEIVED BY RESPONDENTS ON 02.11.2021
EXHIBIT R4(B)	TRUE COPY OF THE PART B OF THE PETITIONERS

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WPC 21038/2023

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	PROFORMA, UPDATED AND CLOSED ON 31.05.2023
EXHIBIT R4(C)	TRUE COPY OF THE INTERIM REPORT DATED 10.03.2023 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT R4(D)	TRUE COPY OF THE FINAL REPORT DATED 29.05.2023 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT R4(E)	TRUE COPY OF THE MINUTES OF THE MEETING DATED 02.08.2023

Satheesh T.N. v. Medical Centre and Reliefs Services (Medicares) Palakkad

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Satheesh T.N. v. Medical Centre and Reliefs Services (Medicares) Palakkad

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