Manoj Kumar. K vs State Of Kerala
2023 Latest Caselaw 1374 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                      WP(C) NO. 1164 OF 2023
PETITIONERS:
     1     MANOJ KUMAR. K.
           AGED 52 YEARS
           S/O BHASKARAN. K. (LATE), SECURITY GUARD, VIMUKTHI DE-
           ADDICTION CENTRE, GOVT. GENERAL HOSPITAL, KOZHIKODE,
           HAVING PERMANENT RESIDENCE AT SREENILAYA KOTTAYIL (H),
           PUNNASSERY POST, KOZHIKODE DISTRICT, PIN - 673585
     2     RAJEEV K.T.,
           AGED 53 YEARS
           S/O SUBRAMANIYAM, SECURITY STAFF, VIMUKTHI DE-ADDICTION
           CENTRE, KOZHIKODE BEACH HOSPITAL, RED CROSS ROAD,
           VELLAYIL, KOZHIKODE - 673032, HAVING PERMANENT
           RESIDENCE AT PATTARTHODI (H), PARAMBIL P.O., MERIKUNNE
           (WAY), KOZHIKODE DISTRICT, PIN - 673012
     3     SANTHOSH KUMAR. C
           AGED 52 YEARS
           S/O BALAN NAIR. C., SECURITY GUARD, VIMUKTHI DE-
           ADDICTION CENTRE, GOVT. GENERAL HOSPITAL, KOZHIKODE,
           HAVING PERMANENT RESIDENCE AT DHARAYIL HOUSE,
           MENHANNAIAM POST, PERAMBRA (VIA), KOZHIKODE DISTRICT,
           PIN - 673525
     4     PRADEEP. K.
           AGED 40 YEARS
           S/O K. KESAVAKURUP, SECURITY GUARD, VIMUKTHI DE-
           ADDICTION CENTRE, RAMARAO MEMORIAL TALUK HOSPITAL,
           NEDUMGOLAM P.O., KOLLAM - 691334., HAVING PERMANENT
           RESIDENCE AT KUNNUVILA VEEDU, THAZHAM, CHATTANNOOR
           P.O., KOLLAM DISTRICT, PIN - 691572
     5     BIJU KUMAR. S
           AGED 53 YEARS
           S/O SANKARA PILLAI, SECURITY GUARD, VIMUKTHI DE-
           ADDICTION CENTRE, RAMARAO MEMORIAL TALUK HOSPITAL,
           NEDUMGOLAM P.O., KOLLAM - 691334, HAVING PERMANENT
           RESIDENCE AT THIOTTUVAVEEDU, MOTTACKKAL WARD, KOLLAM
           DISTRICT, PIN - 690524
     6     G. VIKRAMAN NAIR
           AGED 52 YEARS
           /O GOPALAKRISHANAN, SECURITY GUARD, VIMUKTHI DE-
           ADDICTION CENTRE, NEYYATTINKARA TALUK HOSPITAL,
           NEYYATTINKARA P.O., THIRUVANANTHAPURAM - 695121 HAVING
           PERMANENT RESIDENCE AT UTHRAM, CHERIYAKONNI P.O.,
 WPC No.1164 of 2023
                                 2

            THIRUVANANTHAPURAM, PIN - 695013
     7      V. V. SUBHAPRAKASH
            AGED 50 YEARS
            S/O VISWAMBARAN NAIR, SECURITY GUARD, SECURITY GUARD,
            VIMUKTHI DE-ADDICTION CENTRE, NEYYATTINKARA TALUK
            HOSPITAL, NEYYATTINKARA P.O., THIRUVANANTHAPURAM -
            695121, HAVING PERMANENT RESIDENCE AT AMRITAJYOTHI,
            CHERIYAKONNI P.O., NEDUMANGAD TALUK,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695013
            BY ADVS.
            GODWIN JOSEPH
            VINOD.R
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
           KERALA, ROOM NO. 202, NORTH SANDWICH BLOCK,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001
     2     DEPARTMENT OF TAXES
           REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
           GOVERNMENT OF KERALA, ROOM NO. 138, NORTH BLOCK, 2ND
           FLOOR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001
     3     DEPARTMENT OF EXCISE
           REPRESENTED BY EXCISE COMMISSIONER, GOVERNMENT OF
           KERALA, EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
           NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
     4     DEPARTMENT OF HEALTH AND FAMILY WELFARE
           REPRESENTED BY PRINCIPAL SECRETARY (HEALTH),
           GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, ANNEX-
           2, THIRUVANANTHAPURAM, PIN - 695001
     5     DIRECTOR OF HEALTH SERVICES
           DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL
           JUNCTION, THIRUVANANTHAPURAM, PIN - 695035
     6     DISTRICT MEDICAL OFFICER, KOZHIKODE
           DISTRICT MEDICAL OFFICE (HEALTH), WAYANAD ROAD, CIVIL
           STATION, ERANHIPPALAM, KOZHIKODE, PIN - 673020
     7     DISTRICT MEDICAL OFFICER, KOLLAM
           DISTRICT MEDICAL OFFICE (HEALTH), CIVIL STATION,
           COLLECTORATE P.O., KOLLAM, PIN - 691013
     8     DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM
           DISTRICT MEDICAL OFFICE (HEALTH), RED CROSS ROAD,
           VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035
           ADV.V.K.SUNIL-SR.GPVRNMENT PLEADER
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.1164 of 2023
                                             3




                                  JUDGMENT

Dated this the 20th day of January, 2023

This writ petition is filed seeking the following

reliefs:-

"I. To issue a writ of certiorari or other appropriate writ, order or direction quashing Exhibit P5.

II. To declare that the Petitioners herein are entitled to continue in their respective posts under the Mission Vimukthi Scheme till the completion/winding up of the Scheme.

III. To declare that the attempt of the Respondents to replace the Petitioners herein with another set of ad-hoc employees is highly illegal and violative of the binding precedents of the Hon'ble Apex Court.

IV. To issue a writ of mandamus or other appropriate writ, order or direction to the Respondents not to disengage the Petitioners herein or terminate their service until the completion of the Mission Vimukthi Scheme.

V. To permit the Petitioners to file the Writ Petition without producing translation of vernacular documents marked as Exhibits in the Writ Petition. "

2. Heard the learned counsel for the WPC No.1164 of 2023

petitioners and the learned Government Pleader.

3. It is submitted by the learned counsel for

the petitioners that the petitioners have approached

the second respondent with Ext.P11 series of

representations preferred by the petitioners and

seeks a consideration of the same.

There will be a direction to the second

respondent to take up Ext.P11 series of

representations preferred by the petitioners and to

consider and pass a speaking orders on the same,

after issuing notice and hearing a representative of

the petitioners. Appropriate orders shall be passed

within a period of two months from the date of receipt

of a copy of this judgment. The interim order shall

remain in force till orders are passed as directed

above and duly communicated to the petitioners.

Sd/-

ANU SIVARAMAN

JUDGE SSK/20/01 WPC No.1164 of 2023

ANNEXURE

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE G.O. (MS) NO.

94/2016/T.D. DATED 06.10.2016 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE G.O. (MS) NO.

70/2018/T.D. DATED 25.09.2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE PROPOSAL DATED NIL SUBMITTED BY THE 5TH RESPONDENT FOR SETTING UP DE-ADDICTION CENTERS IN ALL DISTRICTS AS PART OF VIMUKTHI MISSION.

Exhibit P4 A TRUE COPY OF THE APPOINTMENT ORDER DATED 22.07.2019 OF THE PETITIONER NO. 1 ISSUED BY THE 6TH RESPONDENT.

Exhibit P4(a) A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2019 OF THE PETITIONERS 2 AND 3 ISSUED BY THE 6TH RESPONDENT. Exhibit P4(b) A TRUE COPY OF THE APPOINTMENT ORDER DATED 19.02.2020 OF THE PETITIONER NO. 4 ISSUED BY THE 7TH RESPONDENT.

Exhibit P4(c) A TRUE COPY OF THE APPOINTMENT ORDER DATED 7.11.2018 OF THE PETITIONER NO. 5 ISSUED BY THE 7TH RESPONDENT Exhibit P4(d) A TRUE COPY OF THE APPOINTMENT ORDER DATED 27.03.2020 OF THE PETITIONER NO. 7 ISSUED BY THE DEPUTY EXCISE COMMISSIONER. Exhibit P5 A TRUE COPY OF THE LETTER NO. 251901/2022 DATED 22.10.2022 ISSUED BY FROM THE OFFICE OF THE 3RD RESPONDENT TO THE DEPUTY EXCISE COMMISSIONERS OF EACH DISTRICT. Exhibit P6 A TRUE COPY OF THE LETTER NO. F-

5382/2022/G.H.N DATED 13.09.2022 SUBMITTED BY THE SUPERINTENDENT, GENERAL HOSPITAL, NEYYATTINKARA, TO THE 8TH RESPONDENT.

Exhibit P7 A TRUE COPY OF THE LETTER NO. 1436/2022 DATED 02.11.2022 SUBMITTED BY THE MEDICAL OFFICER-IN-CHARGE, TALUK HOSPITAL, NEDUNGOLAM, KOLLAM, TO THE 7TH RESPONDENT Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 18.11.2022 IN W.P.(C) NO. 36966/2022 OF THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 20.12.2022 IN W.P.(C) NO. 36966/2022 OF THIS HON'BLE COURT WPC No.1164 of 2023

Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 1 TO THE 3RD RESPONDENT.

Exhibit P10(a) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 2 TO THE 3RD RESPONDENT.

Exhibit P10(b) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 3 TO THE 3RD RESPONDENT.

Exhibit P10(c) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 4 TO THE 3RD RESPONDENT Exhibit P10(d) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 5 TO THE 3RD RESPONDENT.

Exhibit P10(e) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 6 TO THE 3RD RESPONDENT.

Exhibit P10(f) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 7 TO THE 3RD RESPONDENT.

Exhibit P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 1 TO THE 2ND RESPONDENT.

Exhibit P11(a) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 2 TO THE 2ND RESPONDENT.

Exhibit P11(b) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 3 TO THE 2ND RESPONDENT.

Exhibit P11(c) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 4 TO THE 2ND RESPONDENT.

Exhibit P11(d) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 5 TO THE 2ND RESPONDENT.

Exhibit P11(e) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 6 TO THE 2ND RESPONDENT.

Exhibit P11(f) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO. 7 TO THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:nil


TRUE COPY                               P.A.TO JUDGE