Sreeraju K.V vs State Of Kerala
2021 Latest Caselaw 3461 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                         WP(C).No.14697 OF 2020(J)


PETITIONER:

                SREERAJU K.V.
                AGED 34 YEARS
                S/O. THE LATE K.V.BALAN, SENIOR TREATMENT SUPERVISOR,
                DISTRICT TB CENTRE, KANNUR, PIN - 670141, RESIDING AT
                K.V.NIVAS, MANGATTIDOM P.O., KANNUR DISTRICT, PIN - 670
                643.

                BY ADVS.
                SRI.C.S.MANU
                SHRI.V.S.CHANDRASEKHARAN
                SMT.LEKSHMI SWAMINATHAN

RESPONDENTS:

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

       2        STATE HEALTH AND FAMILY WELFARE SOCIETY
                NATIONAL HEALTH MISSION (FOR SHORT NHM), NEAR GENERAL
                HOSPITAL, THRIVANDRUM, KERALA - 695 035 REPRESENTED BY ITS
                STATE MISSION DIRECTOR (FOR SHORT NHM).

       3        DISTRICT HEALTH AND FAMILY WELFARE SOCIETY
                NATIONAL HEALTH MISSION (FOR SHORT NHM), CIVIL STATION,
                KANNUR, KERALA - 670002, REPRESENTED BY ITS DISTRICT
                PROGRAMMA MANAGER (NHM).

       4        DISTRICT COLLECTOR
                KANNUR, COLLECTORATE RD., THAVAKKARA, KANNUR, PIN -
                670002.

       5        DISTRICT PROGRAMME MANAGER
                DISTRICT HEALTH AND FAMILY WELFARE SOCIETY, NATIONAL
                HEALTH MISSION (FORT SHORT NHM), CIVIL STATION, KANNUR,
                KERALA - 670 002.

       6        DISTRICT MEDICAL OFFICER
                KANNUR, CIVIL STATION, KANNUR, KERALA -670002.

       7        DISTRICT T.B.OFFICER
                DISTRICT T.B.CENTRE, KANNUR, PIN - 670 307.
                BY ADV. SHRI.M.AJAY-SC
                BY ADV. SRI.M.AJAY
 WP(C).No.14697 OF 2020(J)

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OTHER PRESENT:

                 SMT. REKHA C NAIR -SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14697 OF 2020(J)

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                            JUDGMENT

The petitioner says that he had been engaged as a Senior

Treatment Supervisor in the District T.B. Centre, Kannur, by

respondents 3 and 5 on contract, but that he has not been

granted extension from 30.06.2020; and alleges that he has

been singularly discriminated by the respondents, because all

other contract employees have been granted such extension.

2. The petitioner, through his learned counsel,

Sri.C.S.Manu, submits that the Project under which he was

engaged is still continuing and therefore, that, going by

Ext.R3(b) Circular of the National Health Mission, he was

entitled to be granted extension, particularly because, his

performance was found to be good and his continuation was

recommended by the 7th respondent, as is evident from Ext.P12.

3. The petitioner therefore, prays that the respondents

be directed to re-engage him immediately; and that he has

already approached the State Mission Director of the 2 nd

respondent through Ext.P11 representation for this purpose.

5. In response, Sri.M.Ajay, learned Standing Counsel for WP(C).No.14697 OF 2020(J)

respondents 2, 3 and 5, submits that a counter affidavit has

been filed by the 5th respondent - District Programme Manager,

wherein, it has been averred that the petitioner's self appraisal

did not match the requirements and therefore, that he has not

been granted fresh engagement. He submitted that even going

by the extant Regulations, no person - including the petitioner,

obtains any legal or vested right to be granted fresh contract

and that it is only after their performance is properly appraised

that they are offered such engagement and that too after a

break of few days, or at least a day. Sri.M.Ajay, therefore,

prayed that this writ petition be dismissed; but to a pointed

question from this Court, submitted that there is no legal

impediment in the State Mission Director, considering Ext.P11

representation of the petitioner, particularly taking note of

Ext.P12 recommendations made by the 7th respondent.

6. On hearing Sri.M.Ajay as afore, Sri.C.S.Manu,

learned counsel for the petitioner, submitted that his client

bona fide believes that if his performance appraisal is properly

evaluated by a competent Authority, he will be found eligible to

be granted further extension/engagement as per Ext.R2(b) WP(C).No.14697 OF 2020(J)

circular. He, however, refuted the assertion of respondent Nos.3

and 5 that his client's self appraisal was not sufficient and

asserted that his credentials are impeccable, as has been found

by the 7th respondent in Ext.P12. He, therefore, prayed that the

State Mission Director of the 2 nd respondent be directed to take

up Ext.P11 representation and dispose it of, after affording his

client an opportunity of being heard at the earliest.

7. Taking note of the afore submissions and since I

cannot find any statutory or vested right to accrue to the

petitioner warranting an affirmative order from this Court at

this stage, I am of the view that it will be better for him that the

State Mission Director be allowed to consider Ext.P11, taking

note of Ext.P12 recommendations of the 7th respondent.

Resultantly, this writ petition is ordered, directing the

State Mission Director of the 2nd respondent to take up Ext.P11

representation of the petitioner and dispose it of, after affording

him an opportunity of being heard ― either physically or

through video conferencing ― thus culminating in an

appropriate order thereon, as expeditiously as is possible but

not later than six weeks from the date of receipt of a copy of this WP(C).No.14697 OF 2020(J)

judgment.

Needless to say, when the afore exercise is completed, the

2nd respondent will also advert to Ext.P12 recommendations

made by the 7th respondent and consider the credentials of the

petitioner dispassionately and carefully.

SD/-

                                         DEVAN RAMACHANDRAN

rp                                                JUDGE
 WP(C).No.14697 OF 2020(J)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE ORDER NO.8/81/2009 DATED

15/12/2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF GO(P) NO.204/06/H&FWD DATED 22/9/2006 HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF KERALA.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT OF CONTRACT EXECUTED BY THE PETITIONER WITH THE 3RD RESPONDENT SOCIETY ON 21/12/2009.

EXHIBIT P4 TRUE COPY OF ORDER NO.8/81/2009/DTC DATED 22/12/2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P5 CIRCULAR NO.NHM/639/ADMINI/2020/SPMSU DATED THIRUVANANTHAPURAM 19/5/2020.

EXHIBIT P6 CIRCULAR NO.NHM/639/ADMINI/2020/SPMSU DATED THIRUVANANTHAPURAM 11/6/2020.

EXHIBIT P7 COPY OF THE PERFORMANCE APPRAISAL AND RECOMMENDATION OF THE PETITIONER BY THE 7TH RESPONDENT FOR EXTENSION OF SERVICE.

EXHIBIT P8 TRUE COPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE ORDER OF SUSPENSION NO.DPMSU-

KNR/300/CDE01/2020 DATED 20/4/2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPLY STATEMENT DATED 20/4/2020 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 01.04.2020 SUBMITTED BY THE PETITIONER TO THE STATE MISSION DIRECTOR, THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF THE LETTER NO.E-469/2020 DATED 13.08.2020 ISSUED BY THE 7TH RESPONDENT TO THE STATE ADMIN & HR MANAGER, NHM, THIRUVANTHAPURAM.

EXHIBIT P13 TRUE COPY OF THE LETTER BEARING NO.C-407/2020 WP(C).No.14697 OF 2020(J)

DATED 23.6.2020 ISSUED BY THE 7TH RESPONDENT TO 5TH RESPONDENT FORWARDING PERFORMANCE APPRAIS OF THE CONTRACT STAFF FOR THE PERIOD 2020-2021

RESPONDENT'S/S EXHIBITS:

EXHIBIT R3(a): A TRUE EXTRACT OF THE LAST AGREEMENT EXECUTED BY THE PETITIONER WITH THE THIRD RESPONDENT WAS VALID TILL 31/03/2020.

EXHIBIT R3(b): A TRUE COPY OF THE CIRCULAR NO.NHM/639/ADMIN 1/2020/SPMSU DATED 17/03/2020.

EXHIBIT R3(c): A TRUE COPY OF THE CIRCULAR NO.NHM/639/ADMIN 1/2020/SPMSU DATED 31/03/2020.

EXHIBIT R3(d): A TRUE COPY OF THE COMMUNICATION DPMSU KNR/3003CDEO 1/2020 DATED 28/05/2020.

EXHIBIT R3(e): A TRUE COPY OF HE DEPOSITION OF THE PETITIONER AS RECORDED BY THE ENQUIRY COMMITTEE DATED 29/05/2020.

EXHIBIT R3(f): A TRUE COPY OF THE FINAL PERFORMANCE APPRAISAL REPORT OF THE PETITIONER DATED 23/06/2020

EXHIBIT R3(g): A TRUE COPY OF TE PRINT OUT OF THE WHATSAPP MESSAGE POSTED BY THE PETITIONER ON THE OFFICIAL WHATSAPP GROUP OF THE THQH, THALIPARAMBA AT 11.18 P.M. ON 18/04/2020.