Jayamol M.J vs State Of Kerala
2023 Latest Caselaw 11397 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945

                         WP(C) NO. 36935 OF 2023

PETITIONER:

              JAYAMOL M.J,
              AGED 43 YEARS
              W/O.T.J.REJI, SWEEPER-CUM-ATTENDER, AYUSH NATIONAL HEALTH
              MISSION HOMEO DISPENSARY, MUTTAMBALAM, KOTTAYAM
              MUNICIPALITY, KOTTAYAM -686004,
              RESIDING AT THAIPARAMBIL (H), MUTTAMBALAM P.O.
              KOTTAYAM, PIN - 686004.

              BY ADVS.
              KALEESWARAM RAJ
              THULASI K. RAJ
              APARNA NARAYAN MENON
              MANJIMA

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
              LOCAL SELF GOVERNMENT, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.

     2        DIRECTOR OF PANCHAYATHS,
              PUBLIC OFFICE BUILDING, LMS VELLAYAMBALAM RD,
              UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
              THIRUVANANTHAPURAM, KERALA, PIN - 695033.

     3        NATIONAL HEALTH MISSION,
              REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH & FAMILY
              WELFARE, ROOM NO.348, 'A' WING, NIRMAN BHAVAN,
              NEW DELHI, PIN - 110001.

     4        KOTTAYAM MUNICIPALITY,
              REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE BUILDING,
              YMCA RD, KOTTAYAM, KERALA, PIN - 686001.

     5        CHAIRMAN,
              KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE BUILDING,
              YMCA RD, KOTTAYAM, KERALA, PIN - 686001.

     6        THE MUNICIPAL COUNCIL,
              REPRESENTED BY CHAIRMAN KOTTAYAM MUNICIPALITY, MUNICIPAL
              OFFICE BUILDING, YMCA RD, KOTTAYAM, KERALA, PIN - 686001.
 WP(C) NO. 36935 OF 2023

                                2




      7       SECRETARY,
              KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE BUILDING, YMCA RD,
              KOTTAYAM, KERALA, PIN - 686001.

      8       THE MEDICAL OFFICER,
              HOMEO DISPENSARY, MUTTAMBALAM, KOTTAYAM MUNICIPALITY,
              KOTTAYAM, PIN - 686004.

              SMT. MARY BEENA JOSEPH, SR GP.
              SRI. M AJAY, SC FOR NATIONAL HEALTH MISSION,
              SRI. AJIT JOY, SC FOR KOTTAYAM MUNICIPALITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36935 OF 2023

                                      3




                                      JUDGMENT

The petitioner states that she is presently working as an Attender

cum Part-time Sweeper in Ayush National Mission Homeo Dispensary,

Muttambalam. According to the petitioner, she is a Graduate and entered

into service in the year 2011. She was appointed on a contract basis, and

the contract was renewed for a period of 179 days with an artificial break.

She asserts that she had an unblemished service for more than 11 years

in the said post. The grievance of the petitioner is that action has been

taken by the Municipal Council not to re-engage the petitioner and to

induct temporary hands. The contention of the petitioner is that a

temporary employee cannot be disengaged for inducting other temporary

hands. It is on these assertions that this writ petition is filed seeking the

following reliefs:-

i) To issue a writ of certiorari quashing Ext.P5 to the extent to which it limited the retention of the petitioner till 11.11.2023 and proposes to induct fresh hands as unjust, illegal and unsustainable;

ii) To declare that the petitioner is entitled to be retained in service as Attender-cum-Part time Sweeper at Muttambalam Homeo Dispensary as long as the National Health Mission Scheme exist and she is not liable to be replaced with another temporary hand;

WP(C) NO. 36935 OF 2023

iii) To issue a writ of mandamus directing the respondents to pass orders retaining the petitioner's service as Attender-cum-Part Time Sweeper in Muttambalam Homeo Dispensary as long as the National Health Mission Scheme exists.

2. I have heard Smt.Thulasi K. Raj, the learned counsel

appearing for the petitioner, Sri.Ajit Joy, the learned counsel appearing for

respondents 4 to 7, Sri.M.Ajay, the learned Standing Counsel appearing

for the 3rd respondent, and the learned Government Pleader.

3. The learned Standing Counsel appearing for the Municipality

submits that if a representation is submitted seeking re-engagement

highlighting the period of service rendered by her, a decision can be taken

on the same expeditiously. It is submitted that the order of

dis-engagement, which is produced as Ext.P5, can be kept in abeyance,

insofar as the petitioner is concerned, till a decision is taken on her

representation.

4. The learned counsel appearing for the petitioner submits

that she has no objection to pursuing the said course.

In that view of the matter, this writ petition is disposed of with

the following directions:-

a) Within a period of ten days from today, the petitioner shall prefer a representation before respondents 4 to 7.

WP(C) NO. 36935 OF 2023

b) The competent among the respondents shall consider the representation as per procedure and in accordance with law and take a decision within one month from today with notice to the petitioner.

c) The petitioner shall be retained in service until orders are passed in the representation and the same is communicated.

d) The petitioner shall produce a copy of the writ petition along with this judgment before the concerned respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru WP(C) NO. 36935 OF 2023

APPENDIX OF WP(C) 36935/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY THE MAHATMA GANDHI UNIVERSITY.

Exhibit P2 TRUE COPY OF RTI REPLY NO.H5/H1/17185/2023 DATED 05.10.2023 RECEIVED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF CERTIFICATE OF EXPERIENCE RECEIVED BY THE PETITIONER DATED 18.01.2020 ISSUED BY THE 8 TH RESPONDENT.

Exhibit P4 TRUE COPY OF LETTER NO. DM5/476/2023/E3 DATED 21.08.2023 SUBMITTED BY THE 8 TH RESPONDENT TO THE 7TH RESPONDENT.

Exhibit P5 TRUE COPY OF DECISION NO.5/1 IN THE ORDINARY MEETING DATED 29.07.2023 IN KOTTAYAM MUNICIPALITY DULY SIGNED BY THE 5 TH RESPONDENT.

Exhibit P6 TRUE COPY OF ORDER NO. PAN/14760/2020-E9 (DP) DATED 12.01.2021 ISSUED BY THE DIRECTOR OF PANCHAYAT.

Exhibit P7 TRUE COPY OF G.O(RT)NO.1067/2021/LSGD DATED 01.06.2021 ISSUED BY THE SPECIAL SECRETARY.

Exhibit P8 TRUE COPY OF INTERIM ORDER DATED 17.06.2022 IN W.P(C)NO.19760/2022 OF THIS HON'BLE COURT.

Exhibit P9 TRUE COPY OF JUDGMENT IN W.A.NO.925/2021 AND CONNECTED CASES DATED 27.09.2021 OF THIS HON'BLE COURT.

Exhibit P10 TRUE COPY OF INTERIM ORDER DATED 21.07.2023 IN W.P.(C) NO.23535/2023 OF THIS HON'BLE COURT.