Kerala High Court
Abdul Razak A.R vs Superintendent on 23 February, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 27160 OF 2014
PETITIONERS:
1 ABDUL RAZAK A.R.,
AGED 28 YEARS,
S/O.ABDUL RAHIMAN C, PHARMACIST, GOVERNMENT HOSPITAL
FOR WOMEN AND CHILDREN, KOZHIKODE, RESIDING AT 'ZAINABA
MANZIL', ARANGHIL THAZHAM, ELATHUR POST,
KOZHIKODE DISTRICT - 673 303.
2 BINDU P M,
AGED 36 YEARS,
D/O.MOOTHORAN P , PHARMACIST, GOVERNMENT HOSPITAL FOR
WOMEN AND CHILDREN, KOZHIKODE,
RESIDING AT NHELLORAMAL HOUSE, MANIPURAM POST,
KODUVALLY, KOZHIKODE DISTRICT - 673 572.
3 SARIGA K,
AGED 28 YEARS,
D/O.RAMAN K, PHARMACIST, GOVERNMENT HOSPITAL FOR WOMEN
AND CHILDREN, KOZHIKODE, RESIDING AT CHERUVEETTIL
HOUSE, CHERUVANNUR, FEROKE POST,
KOZHIKODE DISTRICT-673 631.
4 SAJESH K,
AGED 30 YEARS,
S/O.KUTTAN K,PHARMACIST, GOVERNMENT HOSPITAL FOR WOMEN
AND CHILDREN, KOZHIKODE,RESIDING AT THAZHATHEL HOUSE,
M I E , KUNNAMANGALAM POST, CHETHUKADAVU,
KOZHIKODE DISTRICT-673 571.
BY ADV SRI.P.V.ANOOP
RESPONDENTS:
1 SUPERINTENDENT,
GOVERNMENT HOSPITAL FOR WOMEN AND CHILDREN,
KOZHIKODE-673 020.
2 CHAIRMAN / DISTRICT COLLECTOR,
HOSPITAL DEVELOPMENT COMMITTEE, KOZHIKODE - 673 020.
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE
DEPARTMENT, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.BINOY DAVIS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27160 OF 2014
2
JUDGMENT
Petitioners are daily wage employees working under the
Hospital Development Committee, Kozhikode. They had
approached this Court stating that they had been issued with
certain notices regarding the undertakings to be executed in
terms of the directions contained in Exts.P1 and P2 judgments of
this Court by restricting their term of engagement.
2. A counter affidavit has been filed by the
Superintendent, Government Hospital for Women and Children,
Kozhikode, where the petitioners are working, stating that the
Government vide G.O.(Ms)No.566/2008/H&FWD dated
05.11.2008 had clarified that employees appointed by Hospital
Development Committees / Societies and Hospital Management
Committees in Government Hospitals, including Medical College
Hospitals will be considered only as temporary and they will have
no claim for regularization in service. It is pointed out that as per
letter No.FF3/15116/07/DHS dated 04.04.2008, the Director of
Health Service has communicated the judgment of this Court in
W.P (C)No.4183/2007, which makes it clear that the engagement
shall be only on daily wages and shall not confer any right on
such person for regularization. It is submitted that since an
WP(C) NO. 27160 OF 2014
undertaking had to be obtained from all daily wage employees
who had been engaged, the Hospital Development Committee
had issued the notices in question to the petitioners. It is
specifically stated that the 1st respondent had never tried to expel
the petitioners, but only insisted that they should execute the
declaration contained the relevant clauses. In paragraph 4 of the
counter affidavit it is stated as follows:-
"It is submitted that, a Hospital
Development Committee of a Government
hospital having no financial or administrative
back up is unable to have a workforce till the age
of 55 years of an employee on daily wages.
Neither the Hospital Development Committee
nor the workers who have been joined on daily
wages condition have any expectation to
continue as such till the age of 55 years or as the
case may be. In this case, even though a
declaration in the prescribed format
incorporating conditions and period has not
been collected at the time of joining that does not
prevent to fulfill a mandatory legal requirement
latter. It is also submitted that the first
respondent has never been tried to expel the
petitioners from the service but only to insist
them to execute the declaration that they will not
claim for regularization for their remaining
service and period of appointment among other
WP(C) NO. 27160 OF 2014
conditions which has been fulfilled by all the
daily wages staff of the hospital, except the
petitioners and nobody has been removed from
service based on this declaration. The above
mentioned declaration is nothing but to make a
record of this fact, recognized and established by
both the parties that there is no bondage in
between them for further job opportunities after
the term of service and to avoid litigations which
may appear in future. But the petitioners have
not executed this declaration in proper format
yet. As a statutory obligation, the first
respondent cannot go beyond this legal
requirement."
3. Taking note of the averments in the counter affidavit
filed by the 1st respondent, this writ petition will stand disposed of
directing that if the petitioners are still continuing with their
engagement as daily wages, they shall also execute the necessary
undertakings in the format prescribed by the respondents, within
a period of one month from the date of receipt of a certified copy
of this judgment, failing which appropriate action can be taken
against them including for terminating their engagement.
The writ petition will stand disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 27160 OF 2014
APPENDIX OF WP(C) 27160/2014
PETITIONER EXHIBITS
EXHIBIT P1:- TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P2:- TRUE COPY OF THE JUDGMENT DTD
EXHIBIT P3:- TRUE COPY OF THE NOTICE NO
C2.4947/2013 DTD 8/10/2014 ISSUED TO
THE IST PETITIONER
EXHIBIT P4:- TRUE COPY OF THE NOTICE NO C2.
4947/2013 DTD 8/10/2014 ISSUED TO THE
2ND PETITIONER
EXHIBIT P5:- TRUE COPY OF THE NOTICE NO C2.
4947/2013 DTD 8/10/2014 ISSUED TO THE
3RD PETITIONER
EXHIBIT P6:- TRUE COPY OF THE NOTICE NO C2.
4947/2013 DTD 8/10/2014 ISSUED TO THE
4TH PETITIONER
EXHIBIT P7:- TRUE COPY OF THE TRANSLATION OF THE
ENGLISH PORTION OF EXT P3 TO P6
EXHIBIT P8:- TRUE COPY OF THE UNDERTAKING GIVEN BY
THE 1ST PETITIONER DATED 19.11.2014
EXHIBIT P8 (a):- TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P8
EXHIBIT P9:- TRUE COPY OF UNDERTAKING GIVEN BY THE
2ND PETITIONER DATED 19.11.2014
EXHIBIT P9 (a):- TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P9
EXHIBIT P10:- TRUE COPY OF THE UNDERTAKING GIVEN BY
THE 3RD PETITIONER DATED 19.11.2014
EXHIBIT P10 (a):- TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P10
EXHIBIT P11:- TRUE COPY OF THE UNDERTAKING GIVEN BY
THE 4TH PETITIONER DATED 19.11.2014
EXHIBIT P11 (a):- TRUE COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P11
RESPONDENT EXHIBITS
EXHIBIT R1(a) COPY OF RELEVANT PAGES OF AUDIT REPORT
EXHIBIT R1(b) COPIES OF THE UNDERTAKING EXECUTED IN
STAMP PAPER BY THE SIMILARLY PLACED
DAILY WAGES STAFF
