Kerala High Court
Sabiya.B.S vs State Of Kerala on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 11494 OF 2021
PETITIONER:
SABIYA.B.S, AGED 35 YEARS, W/O. MUHAMMED RIYAS,
RESIDING AT RAIHANATH MANZIL, ANACHAL POST,
CHITHIRAPURAM, IDUKKI DISTRICT, PIN-685 565.
BY ADV. P.K.RAVISANKAR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL
SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 MISSION DIRECTOR, NATIONAL HEALTH MISSION, NRHM
BUILDING, THIRUVANANTHAPURAM-695 035.
3 DIRECTOR OF PANCHAYATS, DIRECTORATE OF PANCHAYATH
PUBLIC OFFICE, THIRUVANANTHAPURAM, 695 033.
4 KUDUMBASREE COMMUNITY DEVELOPMENT SOCIETY
DEVIKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS MEMBER
SECRETARY, MATTUPETTY POST, IDUKKI DISTRICT,
PIN-685 616.
*ADDL.R5 DEVIKULAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,DEVIKULAM POST, IDUKKI
DISTRICT,PIN-685 613
*(ADDL.R5 IMPLEADED AS PER ORDER DATED 29/07/2021 IN IA
1/2021 IN WP(C) )
BY ADVS. S.NIDHEESH,
SRI. SUNIL KUMAR KURIAKOSE - GP,
SRI.M.AJAY - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, ALONG WITH WP(C).11352/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 11352 OF 2021
PETITIONER:
SETHU M., AGED 42 YEARS, D/O.MADHAVAN, PUTHIYA
VEETIL, MEZHUVELI MURI, MEZHUVELI (P.O.),
PATHANAMTHITTA DISTRICT, PIN - 689 507.
BY ADV K.RAJESH KANNAN (K/001134/2002)-20804
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF
HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM - 695 035.
3 DISTRICT PROGRAM MANAGER, NATIONAL HEALTH
MISSION, FIRST FLOOR MAMPRA HEIGHTS-II, NEAR
DISTRICT CO-OPERATIVE BANK,
PATHANAMTHITTA - 689 645.
4 THE MEDICAL OFFICER, FAMILY HEALTH CENTRE,
MEZHUVELI, PATHANAMTHITTA DISTRICT,
PIN - 689 507.
5 MEZHUVELI GRAMA PANCHAYAT, REPRESENTED BY ITS
SECRETARY, ELAVUMTHITTA (P.O.), KOZHENCHERRY,
PATHANAMTHITTA - 689 645.
6 PALLIATIVE CARE MANAGEMENT COMMITTEE
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
-3-
MEZHUVELI GRAMA PANCHAYAT, REPRESENTED BY ITS
CHAIRPERSON/PRESIDENT, ELAVUMTHITTA (P.O.),
KOZHENCHERRY, PATHANAMTHITTA - 689 645.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2021, ALONG WITH WP(C).11494/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
-4-
JUDGMENT
[WP(C) Nos.11494/2021, 11352/2021]
The petitioners in these two cases - which
have been heard together on account of the similar
factual circumstances pleaded and the identical
nature of reliefs sought for - are stated to be
working as Palliative Care Staff Nurse in the
Family Health Centres run by the Grama Panchayats
concerned.
2. According to the petitioners, they had
been working as Staff Nurse for the last several
years on contract basis and therefore, that it is
unfair to permit termination of their services,
particularly when the whole world is reeling under
the deleterious effects of the Covid-19 pandemic.
The petitioners rely on the order of the
Government dated 07.03.2019, a copy of which has
been produced on record as Ext.P1 in W.P.
(C)No.11352 of 2021, which mandates that those
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
persons with the educational qualification of
BCCPN, BCCPAN and CCCPN will be allowed to
continue on contract basis further also; and
allege that in spite of this, attempts are now
being made to remove them from service.
3. I have heard Sri.P.K.Ravi Sankar - learned
counsel for the petitioners in W.P.(C)No.11494 of
2021; Sri.K.Rajesh Kannan - learned counsel for
the petitioners in W.P.(C)No.11352 of 2021 and
Sri.Sunil Kumar Kuriakose - learned Government
Pleader appearing for the official respondents.
4. The issue projected by the petitioners in
these cases is in a very narrow compass, namely as
to whether they are entitled to continue as Staff
Nurse on the strength of the Government Order
dated 07.03.2019.
5. The learned Government Pleader submits
that Ext.P1 was issued on 07.03.2019, enhancing
the qualifications of Staff Nurse in Palliative
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
Care Centres, but that a limited benefit was
offered to the existing nurses who had the minimum
qualification of BCCPN, BCCPAN and CCCPN, to be
granted extension of their contract for one year.
He submitted that this period has now been expired
in the year 2020 and therefore, that petitioners
cannot seek to continue beyond it.
6. However, to a pointed question from this
Court, the learned Government Pleader conceded
that Government has now issued a General Order
extending the period of contractual employees
until 31.03.2022 and left to this Court to take an
apposite decision in the case of the petitioners.
7. I see from the files that petitioners have
been serving the respective Palliative Care
Centres for several years; and that no complaints
have been ever raised against them. Since they had
the basic qualifications of either BCCPN or BCCPAN
or CCCPN, I am of the view that they should be
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
allowed to continue at least till 31.03.2022, as
has been now ordered by the Government in the case
of other contractual employees.
8. I am certain that this is both legally and
equitably justified because, during this pandemic
time, if the petitioners' services are terminated,
they would be without any means of livelihood to
find for themselves and their families.
In the afore circumstances and for the reasons
above, I order these writ petitions and direct the
respondents not to terminate the services of the
petitioners till 31.03.2022; however, leaving them
liberty to take further action pursuant to Ext.P1
order in W.P.(C)No.11352 of 2021 subsequent
thereto.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
APPENDIX OF WP(C) 11494/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.CDS 01/2017
DATED 1.4.2017 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P1(A) TRUE TRANSLATED COPY OF EXHIBIT P1.
EXHIBIT P2 TRUE COPY OF THE LETTER
NO.PAN/14760/2020-E9(DP) DAED 12.1.2021
ISSUED BY DIRECTOR OF PANCHAYATS,
THIRUVANANTHAPURAM.
EXHIBIT P2(A) TRUE TRANSLATION OF EXT.P2.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C) NOS.11494 OF 2021 & 11352 OF 2021
APPENDIX OF WP(C) 11352/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G.O.NO.553/2019 LSGI,
TVPM, DATED 7.3.2019 ALONG WITH THE
RELEVANT PAGE OF THE AMENDED GUIDELINES
ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT P1(A) TRUE ENGLISH TRANSLATIONOF EXT.P1
EXHIBIT P2 TRUE COPY OF THE BASIC CERTIFICATE
COURSE IN PALLIATIVE, AUXILIARY,
NURSING (B.C.C.P.A.N.) COURSE CONDUCTED
AT DEPARTMENT OF PALLIATIVE CARE, TALUK
HEADQUARTERS HOSPITAL, THODUPUZHA FROM
2.7.2012 TO 6.10.2012..
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED
11.5.2021 ISSUED BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT.
EXHIBIT P3 (a) TRUE ENGLISH TRANSLATION OF EXT.P3.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION TO THE
4TH RESPONDENT ON 10.5.2021.
EXHIBIT P4(a) TRUE ENGLISH TRANSLATION OF EXT.P4.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
