Manju Udayan vs State Of Kerala
2023 Latest Caselaw 6168 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
        MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                       WP(C) NO. 10194 OF 2014
PETITIONERS:

    1       MANJU UDAYAN
            D/O/LEKSHMI, AGED 33 YEARS,
            UDAYAVILASOM, ELAVACODU P.O.,
            CHADAYAMANGALAM KOLLAM.
    2       R.SANTHAMMA
            PUTHENVEEDU, EDAYAKKODU P.O.,
            CHADAYAMANGALAM, KOLLAM DISTRICT.
    3       BINDHU J.V.
            BIJU SADANAM, NETTENTHARA,
            CHADAYAMANGALAM P.O., KOLLAM DISTRICT.
    4       S.SYAMALADEVI
            RENJITHA VILASOM, VATTAVAZHY, KURIYOODU P.O.,
            CHADAYAMANGALAM, KOLLAM DISTRICT.
    5       USHA KUMARI M.R.
            RADHAMANDIRAM, VILLUMALA P.O.,
            50 ACRE, KULATHUPUZHA, KOLLAM.
    6       BENCY ANTONY
            RPL, HOUSE NO.XI-3, THINKALKARIKKAM P.O.,
            KULATHUPUZHA, KOLLAM DISTRICT.
    7       USHAKUMARI.C.P.
            SUNIL BHAVAN, WEST VAYALA, VAYALA P.O.,
            ITTIVA, KOLLAM DISTRICT.
    8       GEETHA R.
            MANGALATHU PUTHEN VEEDU,
            THUMBODU, BHARATHIPURAM P.O., KOLLAM DISTRICT.
    9       BEENA R.
            UTHRAM, KANNANKODU, VATTATHAMARA P.O.,
            KUMMIL, KOLLAM DISTRICT.
    10      SOBHANA
            ARUN BHAVAN, MEENKULAM WARD,
            ALAYAMAN P.O., ANCHAL, KOLLAM DISTRICT.
    11      SUMA K., D/O.BHAVANI,
            AGED 42 YEARS
            J.J.BHAVAN, SASTHAMPOIKA, THATTATHUMALA P.O.,
            THIRUVANANTHAPURAM DISTRICT.
            BY ADVS.
            SRI.K.SIJU
            SMT.BINDU GEORGE
            SRI.PRATHEESH.P
 W.P. (C) No.10194 of 2014
&
W.P. (C) No.9345 of 2014

                                   2



RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              HEALTH AND FAMILY WELFARE DEPARTMENT,
              THIRUVANANTHAPURAM-695 001.
      2       THE SECRETARY
              LOCAL SELF GOVERNMENT DEPARTMENT,
              THIRUVANANTHAPURAM-695 001.
      3       THE STATE MISSION DIRECTOR,
              AROGYA KERALAM, NATIONAL RURAL HEALTH MISSION,
              THYCAUD P.O., THIRUVANANTHAPURAM-695 014.
      4       THE DIRECTOR OF HEALTH SERVICES
              GENERAL HOSPITAL JUNCTION,
              THIRUVANANTHAPURAM-695 035.
      5       THE DISTRICT PROGRAMME MANAGER
              AROGYA KERALA, KOLLAM DISTRICT-691 001.
      6       THE DISTRICT PROGRAMME MANAGER
              AROGYA KERALA, THIRUVANANTHAPURAM-695 014.
              BY ADVS.
              SRI.M.AJAY, STANDING COUNSEL (R3 & R5)
              SRI.REKHA C NAIR - GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, ALONG WITH WP(C).9345/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.10194 of 2014
&
W.P. (C) No.9345 of 2014

                                      3




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
      MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                            WP(C) NO. 9345 OF 2014
NAME AND ADDRESS OF THE PETITIONERS:

      1       RAHIYANATH BEEVI.S.
              AGED 35 YEARS
              W/O.BIJU, MANGALATH VALALIL, KOZHIKKODUMEKKU,
              S.V.MARKET P.O., KARUNAGAPPILLY, KOLLAM DISTRICT.
      2       SHEELA SARASAN
              AGED 43 YEARS
              W/O.SARASAN, VAZHAPPALLIL HOUSE, CLAPPANA (S),
              CLAPPANA P.O., KOLLAM DISTRICT, PIN 690525.
      3       BABY.C.
              AGED 46 YEARS
              W/O.CHANDRAN, PUTHENMANNEL, ALAPPAD,
              AZHEEKAL.P.O., KOLLAM DISTRICT.
      4       RAJA LEKHA.G.
              AGED 49 YEARS
              W/O.GOPALAKRISHNAN, GOURI SADANAM, MYNAGAPPALLY,
              KADAPPA, KOLLAM DISTRICT.
      5       LEKSHMI G.S.
              AGED 35 YEARS
              W/O.SURENDRAN, SARATH BHAVAN, KARAVALUR, VATTAMON
              MATHRA P.O., KOLLAM DISTRICT.
      6       DEEPA.M.
              AGED 39 YEARS
              W/O.RAJU, REKHA BHAVANAM, PRIAVANTHOOR,
              CHEMBANARUVI, KOLLAM DISTRICT, PIN 698696.
      7       GIRIJA.O.
              AGED 43 YEARS
              W/O.PRADEEP KUMAR, VADAKKUMBHAGATHUVILA,
              KURUMANDAL, PARAVOOR P.O., KOLLAM DISTRICT.
      8       SARASWATHI AMMA.N.
              AGED 51 YEARS
              W/O.SURESH KUMAR, SREENILAYAM, KOTTAMKARA,
              CHANDANATHOPPU P.O., KOLLAM DISTRICT.
      9       RUBY GOPAL
 W.P. (C) No.10194 of 2014
&
W.P. (C) No.9345 of 2014

                                   4


              AGED 47 YEARS
              W/O.K.GOPALAN, S.S.SADANAM, KADASSERY, PIRAVANTHOOR,
              POONKULANJI P.O., KOLLAM DISTRICT, PIN 689695.
     10       SAJITHA.S.
              AGED 39 YEARS
              W/O.SUNIL KUMAR, PUNNAVILA VEEDU, EDAYADI,
              POOTHAKULAM P.O., KOLLAM DISTRICT.
     11       SINDHU.T.K.
              AGED 39 YEARS
              W/O.YASODHARAN, SOORANADU CHARUVILA VEEDU,
              PULAMON P.O., KOTTARAKARA, KOLLAM DISTRICT.
     12       SAJEENA BEEV.M.
              AGED 42 YEARS
              W/O.ABDUL JABBAR, FAIZA MANZIL, VATTAPPARA,
              CHERIYA VELINALLOOR P.O., KOLLAM DISTRICT.
     13       SUHADA BEEVI.S.
              AGED 42 YEARS
              W/O.MUHAMMED SHAJI, SHAJI MANZIL, NADUMURUPPU,
              PATHIRICKAL P.O., KOLLAM DISTRICT.
     14       GEETHA.V.
              AGED 46 YEARS
              W/O.VIJAYARAJAN, MAVANAVILA VEEDU, MYLOM.P.O.,
              KOTTARAKKARA, KOLLAM DISTRICT.
     15       VIMALAMBIKAMMA.B.
              AGED 51 YEARS
              W/O.VIJAYA BABU, SREEHARI, PARAVOOR P.O.,
              POZHIKKARA, KOLLAM DISRICT.
     16       R.JAYALEKSHMI
              AGED 43 YEARS
              W/O.AJAYAN, ISWARYA, NADUVILAKKARA,
              WEST KALLADA, KOLLAM DISTRICT.
     17       MOLLY RAJAN
              AGED 45 YEARS
              W/O.RAJAN, CHERUTHUNDIL VEEDU, THEKKETHERY P.O.,
              PATTAZHI, KOLLAM DISTRICT.
     18       SUDHAMANY.V.
              AGED 48 YEARS
              W/O.SUKUMARAN, PUTHEN VEETTIL,
              KIZHAKATHIL, KADAPPA, MYNAGAPPALLY,
              KOLLAM DISTRICT.
     19       LALITHA.M.NAIR
              AGED 47 YEARS
              W/O.MURALIDHARAN NAIR, EDAYILATHUNDIL VEEDU,
              THAZHATHUVADAKKU, PATTAZHI P.O., KOLLAM DISTRICT.
 W.P. (C) No.10194 of 2014
&
W.P. (C) No.9345 of 2014

                                   5


     20       MARIYAMMA.K.
              AGED 44 YEARS
              W/O.RAJUMON P.J., PARAVILAPUTHENVEEDU,
              CHENGAMANAD.P.O., KOTTARAKKARA, KOLLAM DISTRICT.
     21       LISSY SHAJI
              AGED 45 YEARS
              W/O.SHAJI, LENIN BHAVAN, CHENGAMANAD P.O.,
              KOTTARAKKARA, KOLLAM DISTRICT.
     22       REMA.M.
              AGED 46 YEARS
              W/O.SHAJI.R., SHAJI BHAVAN, OTHIRAMUGAL,
              KAITHAKODE P.O., KOLLAM DISTRICT.
     23       SUJA.R.
              AGED 38 YEARS
              W/O.JAGATHISH KUMAR, KALATHILVADAKETHIL,
              KUTHIRAPANTHI P.O., THAZHVA, KOLLAM DISTRICT.
              BY ADVS.
              SRI.BABU KARUKAPADATH
              SRI.KANDAMPULLY RAHUL
              SRI.MITHUN BABY JOHN
              SRI.K.A.NOUSHAD
              SRI.J.RAMKUMAR
              SMT.M.A.VAHEEDA BABU
              SRI.P.U.VINOD KUMAR


NAME AND ADDRESS OF THE RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              HEALTH AND FAMILY WELFARE DEPARTMENT,
              THIRUVANANTHAPURAM - 695 001.
      2       THE SECRETARY
              LOCAL SELF GOVERNMENT DEPARTMENT,
              THIRUVANANTHAPURAM 695 001.
      3       THE STATE MISSION DIRECTOR
              AROGYA KERALAM, NATIONAL RURAL HEALTH MISSION,
              THIRUVANANTHAPURAM 695 001.
      4       DIRECTOR OF HEALTH SERVICES
              GENERAL HOSPITAL JUNCTION,
              THIRUVANANTHAPURAM 695 001.
      5       THE DISTRICT PROGRAMME MANAGER
              AROGYA KERALAM, KOLLAM 691 001.
 W.P. (C) No.10194 of 2014
&
W.P. (C) No.9345 of 2014

                                   6


              BY ADVS.
              SRI.M.AJAY - STANDING COUNSEL (R3, R5 & R6)
              SRI.T JAYAN -GOVERNMENT PLEADEER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, ALONG WITH WP(C).10194/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.10194 of 2014
&
W.P. (C) No.9345 of 2014

                                          7




                                    JUDGMENT

In these two writ petitions, the prayer of the petitioners is

for direction to the 1st respondent State of Kerala to consider

and pass appropriate orders on the representations filed by

them produced as Ext.P5 in W.P.(C) No.9345/2014 and Exts.P4

& P4(a) in W.P.(C) No.10194/2014.

2. The case of the petitioners is that the petitioners are

elected members of different Grama Panchayat and Municipal

Corporation from the year 2010 onwards. The petitioners were

serving the people as ASHA workers extending their service to

the people below the poverty line in different parts of State of

Kerala. No honorarium or salary was given to ASHA workers

and they were given only minimal incentive specified for each

work undertaken by them.

3. In pursuance to the 73rd amendment of the

Constitution, the Panchayat Raj Act, 1994 was amended,

incorporating provisions for 50% reservation in the total

number of seats in Village, Block and District Panchayats. Since W.P. (C) No.10194 of 2014 & W.P. (C) No.9345 of 2014

ASHA workers were local people having direct access to the

people of the locality, there was strong demand from various

quarters to contest the ASHA workers, in the Local Self

Government Election conducted in the year 2010.

4. All the petitioners are elected representatives of the

Panchayat and Municipal Corporation. While so, there was an

attempt on the part of the 3 rd respondent to replace those

ASHA workers who have been elected as Panchayat,

Municipalities and Corporation members by selecting new

ASHA workers by issuing Ext.P1 circular. As per Ext.P3 order,

direction was issued to discontinue the service of elected

representatives as ASHA workers and sanction is accorded to

relieve them from the function as ASHA with immediate effect.

Aggrieved by the same, the petitioners have approached this

Court with the above writ petitions.

5. The 1st respondent filed counter affidavit stating that

as per the guidelines issued by the Government of India, the

duties and responsibilities of ASHA worker includes creation of

awareness providing information of community on

determinants of health and create awareness and provide W.P. (C) No.10194 of 2014 & W.P. (C) No.9345 of 2014

information to the community. They are expected to mobilize

the community and facilitate people's access to health and

health related services available in the area of services. It is

further contended that the petitioners being the elected

representatives of the local bodies are otherwise engaged with

the other official matters and find less time to interact or to

undertake the work of the ASHA workers. If the ASHA worker

is an elected representatives of the local body, it is difficult for

the officials to monitor and supervise their activities. Hence,

Ext.P1 GO was passed by the Government for protecting the

interest of the general public as well as attaining the objectives

envisaged under the ASHA programme.

6. Today, when the case was taken up for hearing, the

petitioners have limited their prayer for direction to the 1 st

respondent State of Kerala to consider and pass orders on the

representations submitted in the year 2014, which is produced

as Ext.P5 in W.P.(C) No.9345/2014 and Exts.P4 & P4(a) in W.P.

(C) No.10194/2014.

7. Considering the submission of the learned counsel

for the petitioners as well as on hearing the learned W.P. (C) No.10194 of 2014 & W.P. (C) No.9345 of 2014

Government Pleader, I am of the opinion that a direction can

be given to the 1st respondent to consider and pass orders on

Ext.P5 in W.P.(C) No.9345/2014 and Exts.P4 & P4(a) in W.P.

(C) No.10194/2014 within a period of three months from the

date of receipt of certified copy of this judgment. The

petitioners are directed to produce the copy of writ petitions

along with Exhibits before the 1st respondent for compliance.

The stay granted by this Court in the above writ petitions shall

continue until a decision is taken by the Government in the

aforesaid matters, as directed above.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

SMF W.P. (C) No.10194 of 2014 & W.P. (C) No.9345 of 2014

APPENDIX OF WP(C) 9345/2014

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE CIRCULAR DATED 12.1.2011, ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P2 A TRUE COPY OF ONE OF SUCH REPRESENTATIONS SUBMITTED BY SOME OF THE PETITIONERS BEFORE THE MINISTER OF HEALTH DATED 20.1.2011.

EXHIBIT-P3 A TRUE COPY OF THE CIRCULAR DATED 1.3.2011 ISSUED BY THE LOCAL SELF GOVERNMENT DEPARTMENT OF THE GOVERNMENT.

EXHIBIT-P4 A TRUE COPY OF THE ORDER DATED 26.8.2013, WHICH HAS NOW BEEN CIRCULATED TO THE PANCHAYATHS.

EXHIBIT-P5 A TRUE COPY OF THE REPRESENTATION DATED 15/3/2014 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT. W.P. (C) No.10194 of 2014 & W.P. (C) No.9345 of 2014

APPENDIX OF WP(C) 10194/2014

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CIRCULAR DATED 12/1/2011 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE CIRCULAR DATED 1/3/2011 ISSUED BY THE LOCAL SELF GOVERNMENT DEPARTMENT OF THE GOVERNMENT EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 26/8/2013.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 16/3/2014 SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE 1ST RESPONDENT EXHIBIT P4(A) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 11TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 17/3/2014.

//TRUE COPY// PA TO JUDGE