Sreekala vs The Secretary
2022 Latest Caselaw 4245 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                           WP(C) NO. 12477 OF 2021
PETITIONER:

     1        SREEKALA
              AGED 47 YEARS
              W/O. SADANANDAN, RESIDING AT KARATTU VEEDU, SUKHAPURAM,
              EDPPAL P.O. MALAPPURAM DISTRICT 679 576.

              BY ADV A. JANI (KOLLAM)


RESPONDENTS:

     1        THE SECRETARY,
              VATTAMKULAM GRAMA PANCHAYATHU, VATTAMKULAM P.O.
              MALAPPURAM DISTRICT 679 578.

     2        THE PANCHAYATH COMMITTEE,
              VATTAMKULAM GRAMA PANCHAYATHU, REPRESENTED BY ITS PRESIDENT,
              VATTAMKULAM PANCHAYATH, VATTAMKULAM P.O.
               MALAPPURAM DISTRICT 679 578.

     3        DISTRICT PROGRAMME MANAGER,
              NATIONAL HEALTH PROGRAMME, AROGYA KERALAM,
              CIVIL STATION, MALAPPURAM 676 505.

     4        SECRETARY,
              DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA,
              SECRETARIAT, THIRUVANANTHAPURAM 691 001.

     5        DIRECTOR
              NATIONAL HEALTH MISSION, GENERAL HOSPITAL JUNCTION,
              THIRUVANANTHAPURAM 695 035.

     6        DISTRICT MEDICAL OFFICER,
              AYUSH, MALAPPURAM DISTRICT, CIVIL STATION,
              MALAPPURAM 676 505.

     7        JASILA K.V.,
              AGED 35 YEARS
              PILAKKAL KANKA PARAMBIL VEEDU, SUKHAPURAM P.O.
              MALAPPURAM DISTRICT 679 576.

              BY ADVS.
              SRI. VENUGOPAL V, GP
 W.P.C. No.12477 of 2021
                                         2

             P.E.SAJAL, SC FOR R1 AND R2
             SHRI.M.AJAY, SC, NATIONAL HEALTH MISSION


      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.C. No.12477 of 2021
                                      3




                             JUDGMENT

Dated this the 07th day of April, 2022

The petitioner is aggrieved by Ext.P4 decision,

terminating his service as Attender at the Naduvattam

Ayurveda Dispensary. Learned Counsel for the

petitioner submitted that the termination is illegal,

since the attempt is to appoint another daily waged

worker.

2. Learned Standing Counsel for the Panchayath

submitted that the decision of the Panchayath

available at Ext.R1(g) shows that the Committee had

discussed the issue before deciding to discontinue the

petitioner's service.

3. Having gone through Exts.P4 and R1(g), I find

no illegality in the matter, the petitioner having been

appointed on daily wage basis for a period of 179

days only. The learned Government Pleader informed

about a circular issued by the Director of

Panchayaths, directing the Local Self Government

Institutions to confine all temporary appointments to W.P.C. No.12477 of 2021

89 days or a maximum of 179 days. For the said

reason also, the petitioner's claim for continuance is

liable to be rejected.

The writ petition is hence dismissed, without

prejudice to the petitioner's right to seek appointment

in future vacancies.

Sd/-

V.G. ARUN

JUDGE NB/07.04 W.P.C. No.12477 of 2021

APPENDIX OF WP(C) 12477/2021

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF CIRCULAR NO.

NHM/639/ADMIN1/2020/SPMSU ISSUED BY THE NATIONAL HEALTH MISSION, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF PROCEEDINGS OF THE STATE MISSION DIRECTION, NATIONAL HEALTH MISSION, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF RECOMMENDATION LETTER ISSUED BY MEDICAL OFFICER, PHC, AYUSH, VATTAMKULAM GRAMA PANCHAYATH.

EXHIBIT P4 TRUE COPY OF PANCHAYATH COMMITTEE DECISION OF VATTAMKULAM GRAMA PANCHAYATH. EXHIBIT P5 TRUE COPY OF ORDER NO. A2-2744/21 ISSUED BY SECRETARY, VATTAMKULAM GRAMA PANCHAYATH. EXHIBIT P6 TRUE COPY OF SALARY RECOMMENDATION MADE BY MEDICAL OFFICER, PHC, VATTAMKULAM. EXHIBIT P7 TRUE COPY OF ORDER PASSED BY GOVERNMENT OF KERALA EXHIBIT P8 TRUE COPY OF LETTER SENT BY FIRST RESPONDENT TO WRIT PETITIONER RESPONDENTS' EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE MINUTES OF THE MEETING OF THE PANCHAYATH COMMITTEE DATED 15.02.2010. EXHIBIT R1(B) TRUE COPY OF THE MINUTES OF THE MEETING DATED 01.06.2021 EXHIBIT R1(C) TRUE COPY OF THE APPLICATION DATED 28.05.2021 SUBMITTED BY 7TH RESPONDENT.

EXHIBIT R1(D) TRUE COPY OF THE DECISION DATED 03.06.2021 PASSED BY THE FIRST RESPONDENT EXHIBIT R1(E) TRUE COPY OF THE G.O.(RT.) NO.1067/2021/LSGD DATED 01.06.2021 EXHIBIT R1(F) TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1969/2016 DATED 01.02.2017 EXHIBIT R1(G) TRUE COPY OF THE MINUTES OF THE PANCHAYATH COMMITTEE MEETING DATED 01/06/2021

TRUE COPY

P.A.TO JUDGE