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2022 Supreme(Online)(KER) 33066
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943 WP(C) NO. 13080 OF 2021 PETITIONER/S:
SHYLAJA AGED 43 YEARS W/O.UNNIKRISHNAN, WORKING AS ATTENDAR, AT AYUSH HOMEO DISPENSARY (NRHM) AT KULUKKALLUR GRAMA PANCHAYAT, PALAKKAD DISTRICT, RESIDING T VALAVATH HOUSE, MANNENGODE P.O., VANDUMTHARA VILLAGE, PATTAMBI, PALAKKAD DISTRICT -
679 307. BY ADVS.
NIRMAL V NAIR AJAI BABU RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110 011.
2 NATIONAL HEALTH MISSION REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110 011.
3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM - 695 035.
4 STATE MISSION DIRECTOR KERALA NATIONAL HEALTH MISSION, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM - 695 035.
5 MEDICAL OFFICER AYUSH HOMEO DISPENSARY, KULUKKALLUR GRAMA PANCHAYAT, MULAYANKAVU P.O., PATTAMBI,PALAKKAD DISTRICT - 679 337.
6 KULUKKALLUR GRAMA PANCHAYAT KULUKKALLUR PANCHAYAT OFFICE, MULAYANKAVU P.O., PATTAMBI,PALAKKAD DISTRICT - 679 337, REPRESENTED BY ITS SECRETARY.
7 SECRETARY, KULAKKALLUR GRAMA PANCHAYAT MULAYANKAVU P.O., PATTAMBI, PALAKKAD DISTRICT - 679 337.
BY ADVS.
SMT.SREEKALA K.L., CGC S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K.
ABHIRAMI K. UDAY KURUVILLA SABU CHRISTY OTHER PRESENT:
ASG S. MANU FOR R1. SC M.AJAY FOR R2,4. GP PREMCHAND R. NAIR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 14th day of January, 2022 Petitioner commenced her service as a part time sweeper at the Ayush Homeo Dispensary under the Kulukkallur Grama Panchayat on 01.06.2016. Her period of appointment was extended from time to time as evidenced by Exts.P2, P3 and P4. The post of part time sweeper was later re-designated as Attender. While so, the Panchayat Committee decided to make fresh appointments of fresh hand and issued Ext.R6(E) notification, inviting application for the post of Attender. Hence, this writ petition, requiring the Panchayat to continue her service.
2. Counter affidavit has been filed by the Panchayat stating that pursuant to R6(E) notification, applications were received from prospective candidates, interview was conducted on 15.06.2021 and Ext.R6(F) rank list published. It is pointed out that the petitioner had also submitted application and had participated in the selection process. Therefore, she is estopped from challenging the selection, on finding that another person has secured first rank.
3. Heard, learned Counsel for the petitioner and the learned Counsel for the Panchayat.
4. The undisputed fact is that the petitioner’s period of contract which was being extended for 179 days at a time had expired and the petitioner was continuing as a daily waged worker. The Panchayat committee, in its wisdom, decided to make fresh appointment to the post of Attender. The petitioner participated in the selection and figures as the second rank holder in the rank list. After that, the process of selection is attempted to be assailed on various grounds. It is is hence doubtful whether can such a challenge be raised. In any case, the challenge is also beyond the scope of this writ petition, the prayer herein being only to direct the Panchayat to continue the services of the petitioner.
5. The petitioner having been appointed on contracted basis and later engaged as a daily wage worker has no vested right to demand her services should be continued indefinitely. It has also come to light that the first rank holder was appointed on 01.07.2021, but had to be disengaged pursuant to the interim order of this Court.
In the result, the Writ Petition is dismissed, leaving open the petitioner’s right to challenge the selection proceedings, if so advised.
V.G.ARUN JUDGE RK APPENDIX OF WP(C) 13080/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER DATED
03/12/2016 ISSUED BY THE COMMUNITY DEVELOPMENT SOCIETY OF THE 6TH RESPONDENT PANCHAYAT TO THE 5TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE DECISION DATED
26/04/2017 OF THE 6TH RESPONDENT PANCHAYAT.
Exhibit P3 A TRUE COPY OF THE DECISION DATED
20/12/2017 OF THE 6TH RESPONDENT PANCHAYAT.
Exhibit P4 A TRUE COPY OF THE DECISION DATED
19/03/2018 OF THE 6TH RESPONDENT PANCHAYAT.
Exhibit P5 A TRUE COPY OF THE DECISION DATED
05/09/2018 OF THE 6TH RESPONDENT PANCHAYAT.
Exhibit P6 A TRUE COPY OF THE LETTER DATED
31/10/2019 ADDRESSED TO THE 7TH RESPONDENT BY THE 5TH RESPONDENT.
Exhibit P7 A TRUE COPY OF THE CERTIFICATE DATED
28/11/2019 ISSUED BY THE 7TH RESPONDENT.
Exhibit P8 A TRUE COPY OF THE CERTIFICATE OF EXPERIENCE DATED 16/07/2020 ISSUED BY THE
7TH RESPONDENT.
Exhibit P9 A TRUE COPY OF THE G.O.(RT)
NO.1067/2021/LSGD DATED 01/06/2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED
11/06/2021 SUBMITTED BY THE PETITIONER.
Exhibit P11 A TRUE COPY OF THE AGENDA OF THE PANCHAYAT COMMITTEE MEETING SCHEDULED ON
29/06/2021 AS CIRCULATED TO THE MEMBERS THROUGH EMAIL.
Exhibit P12 A TRUE COPY OF THE INTERIM ORDER DATED
18/03/2021 IN WP(C) NO.4100/2021 ON THE FILE OF THIS HON'BLE COURT.
Exhibit P13 A TRUE COPY OF THE INTERIM ORDER DATED
04/06/2021 IN WP(C) NO.11836/2021 WITHOUT HEADNOTE OR APPENDIX AS OBTAINED FROM THE E-COURTS.
Exhibit P14 A TRUE COPY OF THE INTERIM ORDER DATED
15/6/2021 IN WP(C) NO.12200/2021 WITHOUT HEADNOTE OR APPENDIX AS OBTAINED FROM THE E-COURTS.
