C Chinnammu Vs. Babu P - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142068
CourtKerala High Court
Decided OnMay-22-2014
JudgeHONOURABLE MR.JUSTICE ANTONY DOMINIC
AppellantC Chinnammu
RespondentBabu P
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice antony dominic & the honourable mr. justice alexander thomas thursday, the22d day of may20141st jyaishta, 1936 wa.no. 34 of 2009 ( ) in op.32790/2000 ---------------------------------------- against the order/judgment in op327902000 of high court of kerala dated1403-2007 appellant(s)/3rd parties: ------------------------------------------------ 1. c.chinnammu, w/o.late krishnan, aged53years, public health nursing tutor female health supervisory training school kozhikode - 9.2. k.sreekala, w/o.k.uthaman, aged42years public health nursing tutor junior public health nursing training centre thalayolaparambu, kottayam district.3. n.k.geetha, public health nursing tutor female health supervisory training, school kozhikode - 9.4. k.omana, public health nursing tutor junior public health nursing training centre peringattukurissi, palakkad district.5. t.yesodha, public health nursing tutor health & family welfare training centre kozhikode - 9.6. s.leela, public health nursing tutor public health training school, thiruvananthapuram.7. p.m.indira, public health nursing tutor field study demonstration unit (health service wing), mini civil station neyyattinkara.8. p.k.prasanna, public health nursing tutor junior public health nursing training, centre kasaragod.9. m.geetha, public health nursing tutor, m.c.h.unit, pangappara thiruvananthapuram.10. m.narayani, public health nursing tutor junior public health nursing training centre thycaud, thiruvananthapuram. by adv. sri.v.a.muhammed respondent(s)/petitioners and respondents: ------------------------------------------------------------------------------------ 1. babu p., staff nurse, government taluk headquarters, hospital nilambur.2. soya.k., staff nurse, government taluk headquarters, hospital thirurangadi.3. sindhu kuzhakkepappattu staff nurse, government taluk headquarters, hospital thirurangadi.4. sreeja r.s., staff nurse, district hospital, manjeri.5. shagi p.i., staff nurse, district hospital, manjeri.6. bincy mol cyriac, staff nurse, district hospital, manjeri.7. smitha.c., staff nurse, medical college hospital, vandanam alappuzha.8. veena k., staff nurse, medical college hospital, alappuzha.9. sheeja o., staff nurse, primary health centre, thrikanapuram p.o.thavanoor.10. the state of kerala, represented by its secretary to government health and family welfaredepartment government secretariat,trivandrum.11. the director of health services, trivandrum.12. the indian nursing council, represented by its secretary, kotla road, temple lane new delhi-2.13. the kerala nurses and midwives council, represented by its registrar, red cross road trivandrum-34.14. jayasree.s., w/o.sudhirchandra, suku sadanam, malampara vizhinjam kazhavoor, trivandrum.15. rema.a., staff nurse, sreechitra institute of medical, science trivandrum.16. padmaja devi, staff nurse, sreechitra institute of medical, science trivandrum.17. anasooya.r. w/o.shanavas k., keerthanam, s.r.nagar pattom, trivandrum.18. g.s.jayasree, d/o.c.gopinathan, koprapara veedu, kaladi road, chakal trivandrum.19. padminiamma p., w/o.santhoshkumar n., karottupandippillil house muthalakodam p.o., thodupuzha - 685 605.20. philomina, staff nurse, sreechitra institute for medical science & technology, trivandrum.21. nirmala v., w/o.a.v.ravi, arakkuzhi house, pazhanganadu, kizhakkambalam p.o. ernakulam (now working as, lecturer, s.m.e. our towers t.d.road, ernakulam).22. k.kamalakshmi, staff nurse grade i, general hospital, thalasseri kannur district.23. elizabeth abraham, d/o.m.v.abraham, malayil house, mother theresa road athirampuzha p.o., kottayam district.24. annie jacob, w/o.mathew varghese, kaduvakuzhiyil house manarcaud p.o., kottayam, (working as staff nurse g.n.school, alleppey).25. ligy k.g., w/o.francis daminion, karumancheril house ezhupunna south p.o., cherthala (working as staff nurse, g.n.school alleppey).26. lovelyjacob, kollakombil house, palloorkavu (via), peruvanthanam idukki, (working as staff nurse, g.n.school alleppey). additional respondents:27. vasantha kumari.r. lady health supervisor, primary health centre, mynagappally, kollam district.28. chinmayamani.c.n., lady health supervisor, kuttiyadi, kozhikode district.29. thankamani.m.c., lady health supevisor, community health centre, thariyodu, wayanad.30. yesoda.t.g., lady health supervisor, community health centre, meenangadi, wayanad.31. thanka.k.v., lady health supervisor, primary health centre, porunnannur, wayanad. (r27 to r31 impleaded as per order in i.a.no.92/09 dtd.4.2.2009) adv. sri.n.raghu raj adv. sri.p.v.surendranath adv. sri.o.d.sivadas adv. sri.r.s.kalkura adv. sri.c.j.joy adv. sri.v.j.james adv. sri.noushad thottathil,sc,indian nursin adv. sri.k.n.sathianatha menon adv. sri.c.j.xavier adv. sri.nidhi balachandran addl.r27-31 by adv. dr.k.p.kylasanatha pillay addl.r27-31 by adv. sri.v.sadasivan addl.r27-31 by adv. sri.s.sanjith addl.r27-31 by adv. smt.v.j.safeena addl.r27-31 by adv. smt.sreedevi kylasanath r1 by adv. sri.kaleeswaram raj r10 & 11 by adv. government pleader sri.m.mohammed shafi this writ appeal having been finally heard on2205-2014, along with wa. 236/2009, the court on the same day delivered the following: antony dominic & alexander thomas, jj.================== w.a.no. 34 of 2009 ================== dated this the 22nd day of may, 2014 judgment antony dominic, j.the appellants, who were public health nursing tutors and governed by the special rules for the kerala public health nursing services (annexure 1), have filed this writ appeal aggrieved by the action taken by the respondents for reverting them allegedly in implementation of the judgment of this court in o.p.no. 32709/2000, which is challenged before us.2. we heard the learned counsel for the appellants, the learned counsel appearing for the 1st respondent and the learned government pleader.3. o.p.no.32790/2000 was filed by respondents 1 to 9 herein challenging ext.p4 circular dated 5.3.2001 issued by the director of health services, making reference to g.o(ms) no.74/92/h&fwd dated 21.5.1992 and reiterating the qualifications prescribed by the dhs for the post of nursing tutors in the health services department. that order was set aside by the learned single judge taking the view that the same w.a.34/2009 - :2. :- is inconsistent with ext.p1, the qualifications prescribed for the various posts in nursing profession by the indian nursing council, which approved it in its meeting held on 27th march, 1985.4. the grievance of the appellants is that though they belong to kerala public health nursing services and are governed by the special rules evidenced by annexure 1, relying on the judgment under appeal, they were reverted. according to them, the judgment rendered in the context of exts.p4 and p1 referred to above have no relevance whatsoever insofar as they are concerned, because their services are governed by the special rules evidenced by annexure 1. on this basis, it is argued that their reversion is illegal.5. though the fact that the judgment rendered in the context of exts.p1 and p4 have no relevance insofar as annexure 1 is not contested by the counsel appearing for the 1st respondent, the learned counsel pointed out that in the judgment in o.p.no.30387/2001 this court has in effect invalidated annexure 1 also in the case of public health nursing tutor and that there was a direction to frame fresh special rules. it is also contended that complaining of non-compliance of the w.a.34/2009 - :3. :- said judgment, contempt of court case no.1438/2013 filed is pending. according to him, the government have already filed an affidavit explaining the steps taken by them to comply with the directions in the judgment. therefore, according to the learned counsel, even if it is held that the judgment under appeal is irrelevant insofar as the appellants are concerned, their fate is already decided by the judgment of this court in o.p.no. 30387/2001.6. in this appeal we are not called upon to examine the details of the factual correctness of the submissions made by the learned counsel for the respondents, as according to us, the issue canvassed by him is outside the scope of this appeal. from the facts narrated by us it is evident that the orders which were considered by this court while rendering the judgment under appeal were exts.p4 and p1 referred to above, which applied to the nursing tutors of the health services department. insofar as the appellants are concerned, they are public health nursing tutors of the kerala public health nursing services, who are governed by the special rules evidenced by annexure 1 and matters governing the appellant were not before this court when o.p.no. 32790/2000 was considered. therefore, the judgment w.a.34/2009 - :4. :- under appeal rendered in the context of exts.p1 and p4 mentioned above cannot be pressed into service insofar as the appellants are concerned. clarifying the position as above, this writ appeal is disposed of. we make it clear that the contentions raised by the learned counsel for the 1st respondent are left open in these proceedings and any finality attached to the judgment in o.p.no.30387/2001 mentioned above will remain unaffected. sd/- antony dominic, judge sd/- sdk+ alexander thomas , judge ///true copy/// p.s. to judge w.a.34/2009 - :5. :-
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE22D DAY OF MAY20141ST JYAISHTA, 1936 WA.No. 34 of 2009 ( ) IN OP.32790/2000 ---------------------------------------- AGAINST THE ORDER

/JUDGMENT

IN OP327902000 of HIGH COURT OF KERALA DATED1403-2007 APPELLANT(S)/3RD PARTIES: ------------------------------------------------ 1. C.CHINNAMMU, W/O.LATE KRISHNAN, AGED53YEARS, PUBLIC HEALTH NURSING TUTOR FEMALE HEALTH SUPERVISORY TRAINING SCHOOL KOZHIKODE - 9.

2. K.SREEKALA, W/O.K.UTHAMAN, AGED42YEARS PUBLIC HEALTH NURSING TUTOR JUNIOR PUBLIC HEALTH NURSING TRAINING CENTRE THALAYOLAPARAMBU, KOTTAYAM DISTRICT.

3. N.K.GEETHA, PUBLIC HEALTH NURSING TUTOR FEMALE HEALTH SUPERVISORY TRAINING, SCHOOL KOZHIKODE - 9.

4. K.OMANA, PUBLIC HEALTH NURSING TUTOR JUNIOR PUBLIC HEALTH NURSING TRAINING CENTRE PERINGATTUKURISSI, PALAKKAD DISTRICT.

5. T.YESODHA, PUBLIC HEALTH NURSING TUTOR HEALTH & FAMILY WELFARE TRAINING CENTRE KOZHIKODE - 9.

6. S.LEELA, PUBLIC HEALTH NURSING TUTOR PUBLIC HEALTH TRAINING SCHOOL, THIRUVANANTHAPURAM.

7. P.M.INDIRA, PUBLIC HEALTH NURSING TUTOR FIELD STUDY DEMONSTRATION UNIT (HEALTH SERVICE WING), MINI CIVIL STATION NEYYATTINKARA.

8. P.K.PRASANNA, PUBLIC HEALTH NURSING TUTOR JUNIOR PUBLIC HEALTH NURSING TRAINING, CENTRE KASARAGOD.

9. M.GEETHA, PUBLIC HEALTH NURSING TUTOR, M.C.H.UNIT, PANGAPPARA THIRUVANANTHAPURAM.

10. M.NARAYANI, PUBLIC HEALTH NURSING TUTOR JUNIOR PUBLIC HEALTH NURSING TRAINING CENTRE THYCAUD, THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S)/PETITIONERS AND RESPONDENTS: ------------------------------------------------------------------------------------ 1. BABU P., STAFF NURSE, GOVERNMENT TALUK HEADQUARTERS, HOSPITAL NILAMBUR.

2. SOYA.K., STAFF NURSE, GOVERNMENT TALUK HEADQUARTERS, HOSPITAL THIRURANGADI.

3. SINDHU KUZHAKKEPAPPATTU STAFF NURSE, GOVERNMENT TALUK HEADQUARTERS, HOSPITAL THIRURANGADI.

4. SREEJA R.S., STAFF NURSE, DISTRICT HOSPITAL, MANJERI.

5. SHAGI P.I., STAFF NURSE, DISTRICT HOSPITAL, MANJERI.

6. BINCY MOL CYRIAC, STAFF NURSE, DISTRICT HOSPITAL, MANJERI.

7. SMITHA.C., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, VANDANAM ALAPPUZHA.

8. VEENA K., STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.

9. SHEEJA O., STAFF NURSE, PRIMARY HEALTH CENTRE, THRIKANAPURAM P.O.THAVANOOR.

10. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFAREDEPARTMENT GOVERNMENT SECRETARIAT,TRIVANDRUM.

11. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM.

12. THE INDIAN NURSING COUNCIL, REPRESENTED BY ITS SECRETARY, KOTLA ROAD, TEMPLE LANE NEW DELHI-2.

13. THE KERALA NURSES AND MIDWIVES COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD TRIVANDRUM-34.

14. JAYASREE.S., W/O.SUDHIRCHANDRA, SUKU SADANAM, MALAMPARA VIZHINJAM KAZHAVOOR, TRIVANDRUM.

15. REMA.A., STAFF NURSE, SREECHITRA INSTITUTE OF MEDICAL, SCIENCE TRIVANDRUM.

16. PADMAJA DEVI, STAFF NURSE, SREECHITRA INSTITUTE OF MEDICAL, SCIENCE TRIVANDRUM.

17. ANASOOYA.R. W/O.SHANAVAS K., KEERTHANAM, S.R.NAGAR PATTOM, TRIVANDRUM.

18. G.S.JAYASREE, D/O.C.GOPINATHAN, KOPRAPARA VEEDU, KALADI ROAD, CHAKAL TRIVANDRUM.

19. PADMINIAMMA P., W/O.SANTHOSHKUMAR N., KAROTTUPANDIPPILLIL HOUSE MUTHALAKODAM P.O., THODUPUZHA - 685 605.

20. PHILOMINA, STAFF NURSE, SREECHITRA INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY, TRIVANDRUM.

21. NIRMALA V., W/O.A.V.RAVI, ARAKKUZHI HOUSE, PAZHANGANADU, KIZHAKKAMBALAM P.O. ERNAKULAM (NOW WORKING AS, LECTURER, S.M.E. OUR TOWERS T.D.ROAD, ERNAKULAM).

22. K.KAMALAKSHMI, STAFF NURSE GRADE I, GENERAL HOSPITAL, THALASSERI KANNUR DISTRICT.

23. ELIZABETH ABRAHAM, D/O.M.V.ABRAHAM, MALAYIL HOUSE, MOTHER THERESA ROAD ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT.

24. ANNIE JACOB, W/O.MATHEW VARGHESE, KADUVAKUZHIYIL HOUSE MANARCAUD P.O., KOTTAYAM, (WORKING AS STAFF NURSE G.N.SCHOOL, ALLEPPEY).

25. LIGY K.G., W/O.FRANCIS DAMINION, KARUMANCHERIL HOUSE EZHUPUNNA SOUTH P.O., CHERTHALA (WORKING AS STAFF NURSE, G.N.SCHOOL ALLEPPEY).

26. LOVELYJACOB, KOLLAKOMBIL HOUSE, PALLOORKAVU (VIA), PERUVANTHANAM IDUKKI, (WORKING AS STAFF NURSE, G.N.SCHOOL ALLEPPEY). ADDITIONAL RESPONDENTS:

27. VASANTHA KUMARI.R. LADY HEALTH SUPERVISOR, PRIMARY HEALTH CENTRE, MYNAGAPPALLY, KOLLAM DISTRICT.

28. CHINMAYAMANI.C.N., LADY HEALTH SUPERVISOR, KUTTIYADI, KOZHIKODE DISTRICT.

29. THANKAMANI.M.C., LADY HEALTH SUPEVISOR, COMMUNITY HEALTH CENTRE, THARIYODU, WAYANAD.

30. YESODA.T.G., LADY HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, MEENANGADI, WAYANAD.

31. THANKA.K.V., LADY HEALTH SUPERVISOR, PRIMARY HEALTH CENTRE, PORUNNANNUR, WAYANAD. (R27 TO R31 IMPLEADED AS PER ORDER

IN I.A.NO.92/09 DTD.4.2.2009) ADV. SRI.N.RAGHU RAJ ADV. SRI.P.V.SURENDRANATH ADV. SRI.O.D.SIVADAS ADV. SRI.R.S.KALKURA ADV. SRI.C.J.

JOY ADV. SRI.V.J.

JAMES ADV. SRI.NOUSHAD THOTTATHIL,SC,INDIAN NURSIN ADV. SRI.K.N.SATHIANATHA MENON ADV. SRI.C.J.XAVIER ADV. SRI.NIDHI BALACHANDRAN ADDL.R27-31 BY ADV. DR.K.P.KYLASANATHA PILLAY ADDL.R27-31 BY ADV. SRI.V.SADASIVAN ADDL.R27-31 BY ADV. SRI.S.SANJITH ADDL.R27-31 BY ADV. SMT.V.J.SAFEENA ADDL.R27-31 BY ADV. SMT.SREEDEVI KYLASANATH R1 BY ADV. SRI.KALEESWARAM RAJ R10 & 11 BY ADV. GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON2205-2014, ALONG WITH WA. 236/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

================== W.A.No. 34 of 2009 ================== Dated this the 22nd day of May, 2014

JUDGMENT

ANTONY DOMINIC, J.

The appellants, who were Public Health Nursing Tutors and governed by the Special Rules for the Kerala Public Health Nursing Services (Annexure 1), have filed this writ appeal aggrieved by the action taken by the respondents for reverting them allegedly in implementation of the judgment of this Court in O.P.No. 32709/2000, which is challenged before us.

2. We heard the learned counsel for the appellants, the learned counsel appearing for the 1st respondent and the learned Government Pleader.

3. O.P.No.32790/2000 was filed by respondents 1 to 9 herein challenging Ext.P4 circular dated 5.3.2001 issued by the Director of Health Services, making reference to G.O(Ms) No.74/92/H&FWD dated 21.5.1992 and reiterating the qualifications prescribed by the DHS for the post of Nursing Tutors in the Health Services Department. That order was set aside by the learned Single Judge taking the view that the same W.A.34/2009 - :

2. :- is inconsistent with Ext.P1, the qualifications prescribed for the various posts in nursing profession by the Indian Nursing Council, which approved it in its meeting held on 27th March, 1985.

4. The grievance of the appellants is that though they belong to Kerala Public Health Nursing Services and are governed by the Special Rules evidenced by Annexure 1, relying on the judgment under appeal, they were reverted. According to them, the judgment rendered in the context of Exts.P4 and P1 referred to above have no relevance whatsoever insofar as they are concerned, because their services are governed by the special rules evidenced by Annexure 1. On this basis, it is argued that their reversion is illegal.

5. Though the fact that the judgment rendered in the context of Exts.P1 and P4 have no relevance insofar as Annexure 1 is not contested by the counsel appearing for the 1st respondent, the learned counsel pointed out that in the judgment in O.P.No.30387/2001 this Court has in effect invalidated Annexure 1 also in the case of Public Health Nursing Tutor and that there was a direction to frame fresh special rules. It is also contended that complaining of non-compliance of the W.A.34/2009 - :

3. :- said judgment, Contempt of Court Case No.1438/2013 filed is pending. According to him, the Government have already filed an affidavit explaining the steps taken by them to comply with the directions in the judgment. Therefore, according to the learned counsel, even if it is held that the judgment under appeal is irrelevant insofar as the appellants are concerned, their fate is already decided by the judgment of this Court in O.P.No. 30387/2001.

6. In this appeal we are not called upon to examine the details of the factual correctness of the submissions made by the learned counsel for the respondents, as according to us, the issue canvassed by him is outside the scope of this appeal. From the facts narrated by us it is evident that the orders which were considered by this Court while rendering the judgment under appeal were Exts.P4 and P1 referred to above, which applied to the Nursing Tutors of the Health Services Department. Insofar as the appellants are concerned, they are Public Health Nursing Tutors of the Kerala Public Health Nursing Services, who are governed by the special rules evidenced by Annexure 1 and matters governing the appellant were not before this Court when O.P.No. 32790/2000 was considered. Therefore, the judgment W.A.34/2009 - :

4. :- under appeal rendered in the context of Exts.P1 and P4 mentioned above cannot be pressed into service insofar as the appellants are concerned. Clarifying the position as above, this writ appeal is disposed of. We make it clear that the contentions raised by the learned counsel for the 1st respondent are left open in these proceedings and any finality attached to the judgment in O.P.No.30387/2001 mentioned above will remain unaffected. Sd/- ANTONY DOMINIC, JUDGE Sd/- sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge W.A.34/2009 - :

5. :-