Devika B. Nair vs State Of Kerala Represented By The ...
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Kerala High Court

Devika B. Nair vs State Of Kerala Represented By The ... on 21 November, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) NO. 36856 OF 2024         : 1 :



                                             2024:KER:87357

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

 THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA,

                             1946

                   WP(C) NO. 36856 OF 2024

PETITIONER:



           DEVIKA B. NAIR, AGED 29 YEARS
           W/O RAHUL R., DIVYA BHAVAN, PIDAVOOR PO,
           PATHANAPURAM, PIN - 689695


           BY ADVS.
           ANOOP ELIAS
           T.A MOHAMED SAGEER
           NEENU VIMALKUMAR
           SREELAKSHMI G.




RESPONDENTS:



    1      STATE OF KERALA REPRESENTED BY THE SECRETARY TO
           LSGD
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695003

    2      NATIONAL HEALTH MISSION, KERALA,
           REPRESENTED BY ITS DIRECTOR , PIN - 695014

    3      THE SECRETARY, PATHANAPURAM GRAMA PANCHAYAT
           PATHANAPURAM, KERALA, PIN - 689695
 WP(C) NO. 36856 OF 2024            : 2 :



                                                     2024:KER:87357


    4       THE MEDICAL OFFICER, PHC, MANCODE
            PATHANAPURAM, KOLLAM, PIN - 691559
            R BY SR.GP SRI.BIMAL K.NATH,
            SRI.M.AJAY, SC FOR NHH
            SRI.V.PHILIP MATHEW, SC FOR PANCHAYATH.



        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
21.11.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 36856 OF 2024       : 3 :



                                              2024:KER:87357




                      JUDGMENT

The petitioner is working as Doctor on

contract basis as part of the Aardram Project under

the National Health Mission in the Pathanapuram

Grama Panchayat. The petitioner applied for and

obtained maternity leave from 01.12.2023 to

01.05.2024. The grievance of the petitioner is that,

she was not paid salary during the period she was on

maternity leave. Accordingly, the petitioner has

filed this writ petition for the following reliefs:

i) Issue a Writ, order or direction directing the 3rd respondent to take necessary steps to pay the salary of the Petitioner during the Period when she was on maternity leave on the basis of Exts.P3 &P4 orders within a timeline as may be fixed by this Hon'ble Court;

2024:KER:87357

ii) Issue a Writ, order or direction directing the 3rd respondent to pay the differential amount of salary due and payable to the Petitioner as per the amount fixed in Ext.P4."

2. When the matter came up for further

consideration today, the learned Standing Counsel

for the Panchayat handed over to me a copy of the

Resolution No.6(1) dated 12.11.2024 sanctioning

salary due to the petitioner during the period of

maternity leave. Therefore, the grievance of the

petitioner regarding salary during the period of

maternity leave is thus redressed.

3. The further grievance of the petitioner is

that she is not paid higher salary as per Ext.P4. It

will be open to the petitioner to make necessary

representation before the 3rd respondent in this

2024:KER:87357

regard. If such a representation is received, the 3 rd

respondent shall consider the same, in accordance

with law, as expeditiously as possible, at any rate,

within a period of two months from the date of its

receipt.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

2024:KER:87357

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RESOLUTION DATED 08-08- 2023 PASSED BY THE PATHANAPURAM GRAMA PANCHAYAT COMMITTEE TO APPOINT THE PETITIONER AS TEMPORARY DOCTOR

Exhibit P2 TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE PANCHAYAT DIRECTOR DATED 18- 11-2022 ISSUED TO DR.ANSEENA RAHIM, A CONTRACT EMPLOYEE OF SIMILAR CATEGORY OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE GOP NO.2/2021/FIN DATED 04-01-2021

Exhibit P4 TRUE COPY GO NO.(P) 29/2021/FIN DATED 11/02/2021 ISSUED BY THE FINANCE MINISTRY, STATE OF KERALA

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 10- 03-2024 SUBMITTED BY THE PETITIONER TO THE 4THRESPONDENT