Tenetowl LogoTenetowl
High Court of KeralaSingle JudgeDisposed of with directions

Nazia Meeran and others v. State of Kerala and Others

Case / Petition Number:WP(C).No.17167 OF 2019(U)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
Judgment Date
2021-03-08
Court Decision / Holding
Writ petition disposed of with a direction to respondent No.2 to take a call on the regularisation of service of the petitioners as and when the Special Rules are approved and to undertake regularisation on a seniority basis in a phased manner; till such time, petitioners’ services shall continue without any break.
Final Disposition
Disposed of with directions

Parties to the Case

Appellants / Petitioners

  • NAZIA MEERAN
  • LIJIMOL CHACKO
  • SINDHU SCARIA
  • SHARMILA JOSE
  • ABHILASH V.L.
  • RASIJA R.
  • RESMI PRASAD
  • CHITHRA M.
  • LIGI GEORGE
  • GOPIKRISHNA N.
  • PAMITHA ELIZABATH BABY
  • ARYA A.R.
  • ARYAKALA V.
  • ZAINA ELIZABETH JOSE
  • SUJATHA P.
  • DIVYA MATHEW
  • ASWATHY L.S.
  • SKARIAH KOSHY
  • SHAMSAD SALIM P.T.
  • SHRNA K. LATHEEF
  • SHITHU SEBASTIAN
  • KABINI S.
  • PAUL JAMES

Respondents

  • STATE OF KERALA, represented by its Secretary to Government, Department of Health and Family Welfare, Government Secretariat, Thiruvananthapuram - 695 001
  • STATE INSTITUTE OF MEDICAL EDUCATION AND TECHNOLOGY, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM - 695 026, represented by its DIRECTOR
  • INDIAN NURSING COUNCIL, COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, OPP.MATA SUNDRI COLLEGE, NEAR I.T.O., NEW DELHI - 110 002
  • KERALA NURSES AND MIDWIVES COUNCIL, RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY, THIRUVANANTHAPURAM -695035
  • ADDL.R5.JIMMIMOL JOSE

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.GEORGE POONTHOTTAM (SR.)
  • • SMT.NISHA GEORGE
  • • SRI.A.L.NAVANEETH KRISHNAN

Counsels for Respondents

  • • SRI.LAL K.JOSEPH
  • • SRI.A.A.ZIYAD RAHMAN
  • • SRI.A.JAYASANKAR
  • • SRI.MANU GOVIND

Case Synopsis & Summary

Petitioners, 23 in number and employed by the State Institute of Medical Education and Technology (SIMET) College of Nursing, challenge Ext.P14 (dated 27.02.2019) directing a compulsory one-day break in service after the expiry of their contract and Ext.P15 (dated 11.07.2019) extending the contractual period, contending that the artificial break resets their service and denies regular employee status. They seek regularisation on par with regular permanent employees, arguing their regular selection and continuous service justify parity with others covered by special rules. The petition traces appointments on contract in 2010–2011 and alleges a “pick and choose” pattern where some earlier contract appointees were recommended for regularisation subject to government approval of Special Rules for SI-MET, with the appellants’ cases pending finalisation. Respondents submit that Ext.P3 regularisation recommendations had not been approved by the Government and that final regularisation would await approval of the Special Rules; they point to ongoing efforts to finalise Rules and to Government directions in a Division Bench judgment (W.A.No.2356/2020). The court relies on the Uma Devi doctrine to emphasise policy-guided regularisation and notes that government approval is pending. The matter is disposed with a direction to the college to consider regularisation in a phased manner on seniority once the Special Rules are approved, and for petitioners to continue in service without a break pending finalisation.

Legal Doctrines & Maxims

  • Uma Devi doctrine (regularisation policy for contract/temporary employees)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Ext.P14 directed a mandatory one-day break in service and Ext.P15 extending it are illegal, arguing that the artificial break deprives them of regular status and undermines their legitimate expectation of permanency. They rely on the need to formulate and obtain government approval for Special Rules (as directed by higher courts) to regularise contract staff, and they stress the earlier pattern of contract appointments from 2010–2011 and the alleged ‘pick and choose’ practice benefiting some employees. They request immediate regularisation on the basis of seniority once the Special Rules are approved, with no break in service and on equal footing with regular staff, while challenging delays in approvals and seeking proper policy guidance as per Uma Devi.

Contentions of Respondents

The respondents submit that Ext.P3 regularisation proposals have not been approved by the Government; final regularisation hinges on the framing and approval of Special Rules for SI-MET, with Government directions and a pending policy. They contend that regularisation must await the Rules’ approval and that the Division Bench’s guidance (W.A.No.2356/2020) aims to finalise such Rules, after which seniority-based regularisation would be implemented. They emphasize that the college’s alleged ‘pick and choose’ practice cannot be concluded without formal Rules and Government concurrence, and that the petitioners’ grievances are largely contingent on future policy rather than immediate entitlement.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Secretary, State of Karnataka v. Uma Devi and Others2006 (4) SCC 1PositiveCited as controlling authority to justify framing policy and finalising Special Rules for regularisation of contract/temporary employees; used to support the court's directions to regulate regularisation.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Nazia Meeran and others v. State of Kerala and Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** ## **MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942** ## **WP(C).No.17167 OF 2019(U)** ## **PETITIONERS:** - **1 NAZIA MEERAN, AGED 35 YEARS W/O.ANIZ MUHAMMED, KUTTIKKARAN VEEDU, KANNANKARA, PATHANAMTHITTA - 689 645.** - **2 LIJIMOL CHACKO, D/O.CHACKO ISAC, MUNDADAN HOUSE, J AWAHAR NAGAR (JN.152), ANGAMALY, ERNAKULAM DISTRICT - 683 572.** - **3 SINDHU SCARIA, W/O.MATHEW JOSEPH, VARAKUKALAYIL HOUSE, KALATHOOR P.O., KUVAVILANGAD, KOTTAYAM - 686 633.** - **4 SHARMILA JOSE, ALUMKAPUZHAYIL HOUSE, KADANAD P.O., KOTTAYAM - 686 653.** - **5 ABHILASH V.L., S/O.LATE K.VIKRAMAN NAIR, MALLIKA BHAVAN (VAISHNAVI), PMRA-113, PARUTHIPPARA, MUTTADA P.O., THIRUVANANTHAPURAM - 695 025.** - **6 RASIJA R., W/O.RENJITH BOSE C., THANATHU HOUSE, PRAYAR P.O., OACHIRA VIA., ALAPPUZHA - 690 547.** - **7 RESMI PRASAD, W/O.CHIKKU K.R., KUZHUVELIL HOUSE, PAADATHIL ROAD, EROOR P.O., TRIPUNITHURA, ERNAKULAM DISTRICT -682 306.** **8 CHITHRA M., W/O.SHIBUMON T., THAPASYA, ANANDA BHAVANAM, CHATHIYARA, THAMARAKKULAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 690 530.** **WP(C).No.17167 OF 2019(U)** **2** - **9 LIGI GEORGE, KUNNEL HOUSE, MULANTHURUTHY P.O., ERNAKULAM DISTRICT - 682 314.** - **10 GOPIKRISHNA N., NIRMALYAM, KAPPIL P.O., EDAVA, THIRUVANANTHAPURAM - 695 311.** - **11 PAMITHA ELIZABATH BABY, D/O.B.A.BABY, BRAHMAKULATH THEKKATH HOUSE, MANALUR P.O., THRISSUR - 680 617.** - **12 ARYA A.R., D/O.K.ASOKAN, KOOTTUTHARA PEEDIKAYIL, KANDALLOOR P.O., KAYAMKULAM, ALAPPUZHA DISTRICT - 690 535.** - **13 ARYAKALA V., W/O.LIBU B., NEEDARDRAC HERMIT, PANTHAPLAVU P.O., PATTAZHI, MYLADUMPARA EAST, KOLLAM DISTRICT - 691522.** - **14 ZAINA ELIZABETH JOSE, D/O.T.K.JOSE, THEEMPALANGATT, THIROOR, MG KAVU P.O., THRISSUR - 680 581.** - **15 SUJATHA P., D/O.CHANDRASEKHARAN, KEERTHI, KOYYAM P.O. - 670 142, KANNUR DISTRICT.** - **16 DIVYA MATHEW, D/O.MATHEW C.A., PARAPILLIL HOUSE, KALLUVAYAL P.O., KANNUR DISTRICT -670 703.** - **17 ASWATHY L.S., D/O.H.LAZAR, ROSE VILLA, EZHACODE, PERUKAVU P.O., THIRUVANANTHAPURAM - 695 573.** - **18 SKARIAH KOSHY, S/O.K.S.KOSHY, PUTHENVEETTIL, THEKKEPARAMBIL, ELANTHOOR P.O., PATHANAMTHITTA - 689 643.** **WP(C).No.17167 OF 2019(U)** **3** - **19 SHAMSAD SALIM P.T., S/O.P.T.KHALID, POTHIYIL THOTTIPARAMBIL HOUSE, POOVATHANI, CHETHALLOOR P.O., PALAKKAD - 678 583.** - **20 SHRNA K.LATHEEF, W/O.SUNIR KUMAR, SULEKHA MANZIL, POOCHAKKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT.** - **21 SHITHU SEBASTIAN, D/O.V.V.SEBASTIAN, VALLIKAVUMKAL, ELANJI P.O., ERNAKULAM DISTRICT - 686 665.** - **22 KABINI S., W/O.PRIJIMON M., PADINJARECHALLIYIL, PURAKKAD P.O., ALAPPUZHA - 688 561.** - **23 PAUL JAMES, MOOLAYIL HOUSE, MULANTHURUTHY P.O., CHENGOLAPPADAM, ERNAKULAM DISTRICT - 682 314.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.A.L.NAVANEETH KRISHNAN** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 STATE INSTITUTE OF MEDICAL EDUCATION AND TECHNOLOGY, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM - 695 026, REPRESENTED BY ITS DIRECTOR.** - **3 INDIAN NURSING COUNCIL, COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, OPP.MATA SUNDRI COLLEGE, NEAR I.T.O., NEW DELHI - 110 002.** **WP(C).No.17167 OF 2019(U)** **4** |**4**|**KERALA NURSES AND MIDWIVES COUNCIL,**| |---|---| ||**RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY,**| ||**THIRUVANANTHAPURAM -695035,**| ||**REPRESENTED BY ITS REGISTRAR.**| |**5**|**ADDL.R5.JIMMIMOL JOSE**| ||**AGED 49 YERS, W/O JOSE K.T, KEEMATTATHIL,**| ||**UDUMBANNOOR, THODUPUZHA 685 595**| ||**ADDL.R5 IMPLEADED AS PER ORDER DATED 11.11.19 IN**| ||**IA 6/19 IN W.P.(C) 17167/19.**| ||**BY ADV. SRI.LAL K.JOSEPH**| ||**BY ADV. SRI.A.A.ZIYAD RAHMAN**| ||**BY ADV. SRI.A.JAYASANKAR**| ||**BY ADV. SRI.MANU GOVIND**| ## **GP SRI B HARISH KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.17167 OF 2019(U)** **5** ## **JUDGMENT** ## **Dated this the 8th day of March 2021** Petitioners twenty three (23) in number are before this Court seeking the following reliefs: “i. Call for the records leading to Exhibit-P14 and set aside the same issuing a Writ of Certiorari or any other appropriate writ. ii. Declare that the petitioners are entitled to be treated on par with the regular permanent employees of the 2[nd] respondent in the light of their regular selection and continuous service rendered by them. iii. Declare that the stipulation of an artificial service break of one day to the petitioners is arbitrary and illegal and a deliberate attempt to deny the status of a regular employee;” 2. Claiming regularisation of services, challenge has been laid to Ext.P14 order dated 27.02.2019 whereby the petitioners and other employees working in the 2[nd] respondentcollege were directed to, compulsorily, take break of one day after the allowed period of contract and on extension, they would be treated as new recruits. Thereafter vide Ext.P15 after giving a break of one day contract, period of the petitioners, was extended. This court issued order dated 22.07.2019 that the artificial break of one day would stand **WP(C).No.17167 OF 2019(U)** **6** stayed. 3. Sri.George Poonthottam learned senior counsel assisted by Sri. Navaneeth submitted that the 2[nd] respondentcollege had adopted pick and choose policy in as much as that in respect of the appointments made on contract basis way back in 2010-2011 as evidenced from Ext.P2, vide Ext.P3 employees working against different posts like helper, Assistant Professor, lecturer, LDC, assistant accountants, assistants were appointed from 2009 to 2010 and their services were recommended to be regularised subject to the approval of the Special Rules for SI-MET by Government. Petitioners in pursuance to Ext.P14 were appointed on contract basis and their services are continuing by giving a one day break. The sanctioned strength of the college is 593, despite that no regular employments have been made resulting into an anomalous situation. During the pendency of the writ petition additional documents have been placed on record to show that certain transfers were also made of the petitioners which was not stayed by this Court. 4. On the contrary, learned counsel appearing on behalf **WP(C).No.17167 OF 2019(U)** **7** of the respondent No.2 submitted that Ext.P3 order recommending the regularisation of the persons appointed much prior to the petitioners had not been approved so far and the names have again been sent subject to the finalisation of Special Rules, college is awaiting the approval of the Government. Division Bench of this Court has already taken care of the grievance of the petitioners in issuing direction to the department to finalise the approval of the Special Rules ie., the order dated 27.11.2019 passed in W.A.No.2356/2020. College is sanguine of the fact that Government, after the code of conduct is over, take a call on that. The name of the petitioners as per the seniority would also be sent for regularisation on finalisation of the Rules as the Special Rules have been framed only in pursuance to the direction of Supreme Court in _**Secretary State of Karnataka** v._ _**Uma Devi and Others**_ [2006 (4) SCC 1]. 5. I have heard the learned counsel for parties and appraised the paper book. 6. The facts as noticed above with regard to the appointment of the petitioners in 2015 on contract basis and **WP(C).No.17167 OF 2019(U)** **8** their renewal from time to time after giving a one day break is not in dispute. This practice was not appreciated by various courts among India, resulting into a controversy having reached Supreme Court in _**Uma Devi**_ wherein appropriate directions have been issued for framing a policy for the purpose of regularisation of the services of the employees employed on contract basis for several years. Respondents have already sent the names of the persons appointed on contract basis as referred to in Ext.P3 but the approval of the Government was not granted and again the names have been sent seeking the nod of the Government for finalisation of Special Rules envisaging procedure for regularisation of the services appointed on temporary/contract basis. Once this exercise would be over, the college as submitted during the course hearing, would send the names of the petitioners after the names of the senior contractual employees are regularised. I am of the view that the grievance of the petitioners for the time being no longer subsists as college is awaiting the nod of Government for approval of the special Rules particularly when there is direction by the Division Bench of this Court _(supra)._ **WP(C).No.17167 OF 2019(U)** **9** Accordingly, this writ petition is disposed of with a direction to the respondent No.2 to take a call on the regularisation of service of the petitioners as and when the Special Rules are approved and exercise of regularisation of service on seniority basis be undertaken in a phased manner. Till such time the petitioners service shall continue without any break . writ petition stands disposed of in above terms. **Sd/-** **AMIT RAWAL JUDGE** nak **WP(C).No.17167 OF 2019(U)** **10** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 28/06/2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE G.O.(MS) NO.85/2011/H&FWD DATED 07/02/2011. EXHIBIT P3 TRUE COPY OF THE ORDER NO.E375(1)/2011/SI-MET DATED 22/02/2011 PASSED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.E/300/2013/SI-MET DATED 02/03/2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMO OF APPOINTMENT OF THE 1ST PETITIONER AS ASSISTANT PROFESSOR DATED 04/04/2015. EXHIBIT P6 TRUE COPY OF THE MEMO OF APPOINTMENT OF THE 4TH PETITIONER AS SENIOR LECTURER DATED 19/09/2015. EXHIBIT P7 TRUE COPY OF THE ORDER NO.E/938/2015/ONP DATED 29/6/2015 ISSUED BY THE PRINCIPAL OF THE 2ND RESPONDENT. EXHIBIT P7A TRUE COPY OF THE ORDER NO.E/300(4)/2013/SI-MET DATED 26/05/2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7B TRUE COPY OF THE ORDER NO.E/1383/2014/SI-MET DATED 24/10/2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES ISSUED BY THE 3RD RESPONDENT DATED 20/04/2018. EXHIBIT P9 TRUE COPY OF THE ORDER G.O.(P) NO.64/2012/H&FWD DATED 17/02/2012 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 11/4/2016 ISSUED BY THE 2ND RESPONDENT TO THE 1ST** **WP(C).No.17167 OF 2019(U)** **11** **RESPONDENT.** **EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.1/2016 DATED 07/01/2016 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P12 TRUE COPY OF THE COMMUNICATION NO.E/1103/2010/SI-MET DATED 24/04/2017 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P13 TRUE COPY OF THE ORDER NO.E/1095/2018/SI-MET DATED 29/01/2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P14 TRUE COPY OF THE ORDER NO.E/3055/2011/SI-MET (1) DATED 27/02/2019 (WRONGLY TYPED AS 27/02/2018) ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF THE ORDER NO. E/3055/2011/SI-MET(1) ISSUED BY THE 2ND RESPONDENT DATED 11.07.2019** - **EXHIBIT P16 TRUE COPY OF THE ORDER NO.E/900/2019/CNM DATED 11.07.2019 ISSUED BY THE PRINCIPAL OF THE SIMET COLLEGE OF NURSING, MALAMPUZHA.** - **EXHIBIT P17 TRUE COPY OF THE ORDER NO. E/1653/2019/SIMET/DATED 29.10.2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P18 TRUE COPY OF THE RELIEVING ORDER NO.E938/2014/C.N.P DATED 29.10.2019 ISSUED TO THE 6TH PETITIONER.** - **EXHIBIT P18(a) TRUE COPY OF THE RELIEVING ORDER NO.E938/2014/C.N.P DATED 29.10.2019 ISSUED TO THE 9TH PETITIONER.** - **EXHIBIT P18(a) TRUE COPY OF THE RELIEVING ORDER NO.E/2290/2019/CNMUT(3) DATED 29.10.2019 ISSUED TO THE 17TH PETITIONER.** - **EXHIBIT P19 TRUE COPY OF THE LETTER NO.A/1152/2016/SI-MET DATED 04.06.2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P20 TRUE COPY OF THE PROCEEDINGS** **WP(C).No.17167 OF 2019(U)** **12** **NO.E/1330/2018/SIMET DATED 17.10.2018 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P21 TRUE COPY OF THE STAFF DETAILS OF INSTITUTIONS ADMINSTERED BY THE 2ND RESPONDENT** - **EXHIBIT P22 TRUE COPY OF THE ORDER NO.E/1298/2018/SIMET DATED 27.06.2018 ISSUED BY THE 2ND RESPONDENT.** ## **RESPONDENT'S/S EXHIBITS:** - **EXHIBIT R2(A)** - **TRUE COPY OF THE GOVERNMENT LETTER NO. C3/34/2016/HEALTH DATED 09/08/2017.** - **EXHIBIT R2(B) TRUE COPY OF THE JUDGMENT DATED 09/12/2014 IN WPC 26864/2014.** - **EXHIBI R2(C) TRUE COPY OF THE NOTICE DATED 03/06/2019 ISSUED TO THE PRINCIPAL OF SI-MET COLLEGE OF NURSING, MUTTATHARA.** - **EXHIBIT R2(D) TRUE COPY OF THE NOTICE DATED 03/06/2019 ISSUED TO THE PRINCIPAL OF SI-MET COLLEGE OF NURSING, UDUMA.** - **EXHIBIT R2(E) TRUE COPY OF THE NOTICE DATED 03/06/2019 ISSUED TO THE PRINCIPAL OF SI-MET COLLEGE OF NURSING, MALAMPUZHA.** - **EXHIBIT R2(F) TRUE COPY OF THE NOTICE DATED 07/05/2019 ISSUED TO THE PRINCIPAL OF SI-MET COLLEGE OF NURSING, PALLURUTHY.** - **EXHIBIT R2(G) TRUE COPY OF THE AFORESAID COMMUNICATION DATED 04/06/2019 SUBMITTED BY THE 2ND RESPONDENT, BEFORE THE 4TH RESPONDENT.** - **EXHIBIT R2(H) TRUE COPY OF THE COMMUNICATION DATED 20/06/2019 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT R2(I) TRUE COPY OF THE DECLARATION DATED 03/07/2019.** - **EXHIBIT R2(J) TRUE COPY OF THE ORDER DATED 24/10/2019.** **WP(C).No.17167 OF 2019(U)** **13** **EXHIBIT R2(K) THE CIRCULAR NO.15/2019 DATED 17/09/2019 REGARDING THE COMMENCEMENT OF CLASSES FOR B.SC NURSING STUDENTS OF 2019-20 ADMISSION. EXHIBIT R2(L) THE CIRCULAR NO. 16/2019 DATED 28/10/2019 REGARDING THE COMMENCEMENT OF CLASSES FRO POST BASIC B.SC NURSING STUDENTS OF 2019-20 ADMISSION.**