Kerala High Court
Shobhana T vs Union Of India on 5 August, 2021
WA No.925/2021 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 5th day of August 2021 / 14th Sravana, 1943
WA NO. 925 OF 2021
AGAINST ORDER DATED 23.06.2021 IN WP(C) 8012/2021 OF THIS COURT.
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APPELLANT/PETITIONER:
SHOBHANA T., ATTENDER, HOMEO DISPENSARY,
KIZHAKKEKALLADA GRAMA PANCHAYATH, KOLLAM-691 502,
RESIDING AT THEKKINASHIKATHU VEEDU HOUSE,
THAZHATHUMURY, KOLLAM-691 502.
BY ADVS.KALEESWARAM RAJ,VARUN C.VIJAY & MAITREYI SACHIDANANDA HEGDE
RESPONDENTS/RESPONDENTS:
1.UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF HEALTH AND FAMILY WELFARE,NEW DELHI-110 011.
2.NATIONAL HEALTH MISSION, REPRESENTED BY ITS DIRECTOR,
MINISTRY OF HEALTH AND FAMILY WELFARE,NEW DELHI-110 011.
3.STATE MISSION DIRECTOR, KERALA NATIONAL HEALTH MISSION,
DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNEMNT OF KERALA,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035.
4.KIZHAKKEKALLADA GRAMA PANCHAYATH,REPRESENTED BY THE SECRETARY,
KIZHAKKEKALLADA, KOLLAM-691 502.
5.THE SECRETARY,KIZHAKKEKALLADA GRAMA PANCHAYATH,
KIZHAKKEKALLADA, KOLLAM-691 502.
6.THE PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT,
KIZHAKKEKALLADA GRAMA PANCHAYATH, KIZHAKKEKALLADA,
KOLLAM-691 502.
P.T.O.
WA No.925/2021 2/7
7.THE PRESIDENT,KIZHAKKEKALLADA GRAMA PANCHAYATH,
KIZHAKKEKALLADA, KOLLAM-691 502.
8.THE MEDICAL OFFICER, HOMEO DISPENSARY,
KIZHAKKEKALLADA GRAMA PANCHAYATH,KOLLAM-691 502.
ADDL.R9 AND R10 IMPLEADED.
ADDL.R9. DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH,
PUBLIC OFFICE P.O., PIN-695 033, THIRUVANANTHAPURAM.
ADDL.R10. STATE OF KERALA,REPRESENTED BY SECRETARY OF GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT,SECRETARIAT, PIN-695
033,THIRUVANANTHAPURAM.
ADDITIONAL R9 AND R10 IMPLEADED AS PER ORDER DATED 5/8/2021 IN I.A.2/21
IN WA 925/21.
BY SENIOR GOVERNMENT PLEADER FOR R3,R8,R9 & R10.
ADV.SRI.VINOY VARGHESE FOR R4 TO R7.
Prayer for interim relief in the Writ Appeal stating in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim direction to the respondents to retain the appellant
in the post of Attender in the Ayush Primary Health Centre (Homeopathy) at
Kizhakkekallada Grama Panchayath in Kollam district provisionally and
subject to the result of the Writ Appeal.
This Writ Appeal coming on for admission on 05.08.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
WA No.925/2021 3/7
Annexure I TRUE COPY OF THE ORDER PAN/14760/2020-E9(DP) DATED
12.01.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS.
Annexure II TRUE COPY OF THE G.O.(RT) NO.1067/2021/LSGD DATED
1.06.2021, ISSUED BY THE SPECIAL SECRETARY.
Annexure III TRUE COPY OF THE SAID INTERIM ORDER DATED 30.06.2021 IN
WA 807/2021.
WA No.925/2021 4/7
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
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Writ Appeal No.925 of 2021
(arising out of the judgment dated 23.06.2021 by the learned single
judge in W.P.(C).No.8012/2021)
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Dated this the 5th day of August, 2021
ORDER
Alexander Thomas, J.
Admit.
2. The learned Senior Government Pleader has taken
notice for respondents 3, 8, 9 and 10. Sri.Vinoy Varghese, learned
Advocate has taken notice for respondents 4 to 7. Service complete.
3. The Registry will show the names of the above said
Advocates in the cause list.
4. It is brought to the notice that the learned single judge
had earlier issued interim order dated 29.3.2021 in the instant W.P.
(c), directing continuance of the petitioner in contractual service
and that even after the dismissal of the W.P.(C) as per the
impugned judgment rendered on 23.6.2021, the contractual service
of the appellant has been continued by the respondent/panchayath
authorities. The service of the appellant as 'Attender', Homeo
WA No.925/2021 5/7
Writ Appeal No.925 of 2021
Dispensary has been continued by the respondent/panchayath
authorities and that she is even now continuing. Further, it is
pointed out that the 9th respondent/ Director of Panchayath has
issued Annexure-1 circular dated 12.1.2021, in which it has been
ordered that the earlier instructions given by the Director on
7.1.2021 to terminate the service of the contractual appointees in
Local Bodies, immediately after the completion of the
contractual period of service, need not be automatically carried
out. Further the competent authority of the 10th respondent
Government in the Local Self Government Department has
issued Annexure-2 Government Order(Rt.)No.1067/2021/LSGD
dated 1.6.2021, ordering that in view of the public health issues
involved due to the COVID-19 pandemic, those contractual
appointees appointed in Local Self Government Bodies, need not
be terminated from service, even after the expiry of their
contractual period of service, until further orders. That this has
been done to tackle the public health issues emanating out of the
COVID-19 pandemic. Prima facie, after hearing both sides, we
feel that reliance placed by the appellant on Annexure-1 circular
dated 12.1.2021 and Annexure-2/the amended Government
WA No.925/2021 6/7
Writ Appeal No.925 of 2021
Order dated 1.6.2021, is tenable as the appellant is working as a
contractual appointee in relation to the Homeo Dispensary
attached to the respondent/panchayath.
5. Since the service of the appellant, as contractual
appointee, has been allowed to be continued by the
respondent/panchayath authorities, even after the expiry of
contractual period of service on 31.3.2021 and even after the
dismissal of W.P.(C) and taking into consideration the norms at
Annexures-A1 and A2, it is ordered that the service of the
appellant as contractual appointee may be continued for the time
being by the respondent/panchayath authorities.
6. Sri.Vinoy Varghese, learned counsel appearing for the
respondent/panchayath authorities would submit that
Annexures-1 and 2 may not govern this case, inasmuch as the
same can be availed only in the case of Health workers appointed
on contractual basis in local bodies on the basis of the orders of
the Government in relation to project of schemes, etc. We are
also apprised that, this court has granted interim order in a
connected matter (Writ Appeal No.807/2021) at Annexure-A3.
WA No.925/2021 7/7
Writ Appeal No.925 of 2021
We make it clear that, the respondent/panchayath authority may
immediately file their counter affidavit in this case on the various
issues including as to the applicability or otherwise of
Annexures-A1 and A2.
7. The learned Senior Government Pleader will get
specific instructions from the respondent Government and from
the respondent Director of Panchayat as to whether a contractual
appointee like the appellant can claim the benefit of Annexures-1
and 2, and it shall be ensured that a statement in that regard may
be filed either by R9(Director of Panchayath) or
R10(Government) well before the next posting date.
List this case along with Writ Appeal No.807/2021 on
27.9.2021.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
ss
05-08-2021 /True Copy/ Assistant Registrar
