High Court of KeralaDivision Bench2020-01-09Original Petition allowed with directions for c...

Sajeena Beevi v. State of Kerala & Others

Case / Petition Number:OP(KAT) No.3105/2013 (Z)

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Vinod Chandran
V. G. Arun
Judgment Date: 2020-01-09
Court Decision / Holding: Original Petition allowed with the above observations. The Tribunal’s finding that the applicant lacked an alternative qualification is set aside. The petitioner is entitled to submit a representation within one month of receipt of a certified copy of the judgment, and the Government shall consider it expeditiously. The Tribunal’s order is modified to permit such consideration, and parties shall bear their own costs.
Final Disposition: Original Petition allowed with directions for consideration of representation; Tribunal's adverse finding on alternative qualification set aside; costs to parties.

Parties to the Case

Appellants / Petitioners

Sajeena Beevi W/o Sacheendran, Madayemthottungal, North Aryad P.O., Mannancherry-688 542

Respondents

State of Kerala represented by its Secretary to Government, Department of Health & Family Welfare, Government of Kerala, Secretariat, Thiruvananthapuram-695001
The Director of Health Services, Thiruvananthapuram, Vikas Bhavan, Thiruvananthapuram-695033
The Kerala Public Service Commission represented by its Secretary, Pattom, Thiruvananthapuram-695004
The District Officer, Kerala Public Service Commission, District Office, Palakkad-685034
The Tuberculosis Association of Kerala (affiliated to the Tuberculosis Association of India) represented by its Secretary, Director, State TB Centre, Red Cross Road, Thiruvananthapuram-695035
The Tuberculosis Association of India represented by its Secretary General, 3, Red Cross Road, New Delhi-110001
Suo Moto as added Respondent 6th

Legal Representation & Advocates

Counsels for Petitioners

• K. Ramakumar (Sr.)
• Asha Babu
• G. Ashwini
• Ammu Charles
• S. M. Prasanth

Case Synopsis & Summary

The petitioner, Sajeena Beevi, sought appointment or regularisation as a Treatment Organizer in the Kerala Public Service Commission setup. She was originally appointed in 1996 in Alappuzha and since 2000 has worked continuously, albeit with one-day breaks, under a contractual arrangement. A vacancy for a Treatment Organizer in Palakkad arose with a qualification requiring a Pre-Degree or Higher Secondary with a TB Health Visitor course or its government-recognised equivalent; the petitioner produced Annexure A1, a certificate from the Kerala TB Association, asserting its equivalence to the TB Association of India course. The Public Service Commission required an equivalent certificate from the Government; the Government declined, since the TB Association of India course lasted nine months while the Kerala TB Association course lasted six months. Consequently, the petitioner was not considered for the Palakkad post, though she remained in Alappuzha. She additionally sought regularisation based on the Supreme Court’s decision in Secretary, Government of Karnataka v. Umadevi (2006) 4 SCC 1, which the Tribunal had used to deny relief given the lack of qualification. The Kerala Administrative Tribunal allowed the petition in part, directing consideration of a representation within a month and setting aside the Tribunal’s adverse finding on alternative qualifications. The High Court, however, allowed the petition with observations, emphasizing the petitioner’s longer service and suitability, and ordered expeditious consideration by the Government, including costs to the parties.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant contends for appointment or regularisation in the post of Treatment Organizer, highlighting over two decades of continuous engagement (since 2000) and alleging that regularisation should be considered in light of constitutional and policy principles illustrated by Umadevi. She produced Annexure A1 confirming certain TB-related qualifications and certificates; she seeks consideration for regularisation or suitable posting based on her experience and training when a vacancy arose.

Contentions of Respondents

The respondents contend that the applicant did not possess the requisite qualification or an acceptable Government-recognised equivalent; the PSC required a valid certificate, which the Government declined to grant due to non-equivalence of the TB Association of India course with the Kerala TB Association course; hence the applicant could not be considered for the Palakkad post. The Tribunal’s reliance on Umadevi to regularise was not accepted by the respondents at the tribunal level.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Secretary, Government of Karnataka v. Umadevi	(2006) 4 SCC 1	Mentioned Only	Cited by the petitioner and discussed in context of regularisation jurisprudence, but the High Court does not rely on Umadevi to grant a blanket regularisation; instead it directs consideration of a representation in light of the observations, indicating only a contextual reference rather than a direct application of Umadevi.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941** ## **OP(KAT).No.3105 OF 2013(Z)** **AGAINST THE ORDER/JUDGMENT IN OA 2507/2012 DATED 29-07-2013 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/S:** **SAJEENA BEEVI W/O SACHEENDRAN, MADAYEMTHOTTUNGAL, NORTH ARYAD P.O., MANNANCHERRY-688 542.** **BY ADVS. SRI.K.RAMAKUMAR (SR.) SMT.ASHA BABU SMT.G.ASHWINI SMT.AMMU CHARLES SRI.S.M.PRASANTH** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033. 3 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004.** O.P(KAT) No.3105/2013 2 - **4 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD-685 034.** - **5 THE TUBERCULOSIS ASSOCIATION OF KERALA (AFFILIATED TO THE TUBERCULOSIS ASSOCIATION OF INDIA) REPRESENTED BY ITS SECRETARY, DIRECTOR, STATE T.B. CENTRE, RED CROSS ROAD, THIRUVANANTHAPURAM-695 035.** - **6 THE TUBERCULOSIS ASSOCIATION OF INDIA, REPRESENTED BY ITS SECRETARY GENERAL, 3, RED CROSS ROAD, NEW DELHI-110001.** **IS IMPLEADED SUO MOTO AS ADDITIONAL 6TH RESPONDENT AS PER ORDER DATED 09.09.2018.** ## **R1-2 BY GOVERNMENT PLEADER** ## **OTHER PRESENT:** **SR.GP SRI.ANTONY MUKKATH, SRI.P.C.SASIDHARAN, SC,PSC** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(KAT) No.3105/2013 3 **JUDGMENT Dated this the 09[th] day of January, 2020** **Vinod Chandran, J.** **The applicant before the Tribunal sought for appointment or regularisation in the post of Treatment Organizer. The applicant is said to have been appointed in the year 1996 as Treatment Organizer in Alappuzha. Initially, admittedly the appointment was for intermittent periods. However, from 2000 she has been continuously engaged with artificial break for one day after one year. The petitioner was continued on contract basis continuously from the year 2000.** **2. While she was continuing in the post of Treatment Organizer at Alappuzha a post of Treatment Organizer was advertised for selection in Palakkad. The qualification in Annexure A9 notification was a pass in Pre-Degree or Higher** O.P(KAT) No.3105/2013 4 **Secondary course and technical qualification of TB Health Visitor course conducted by the T.B Association of New Delhi or other qualifications declared as equivalent by the Government of Kerala. In the absence of qualified hands those who had Higher Secondary School Certificate in Science Subjects could be recruited, who were also to be given training in the State T.B.Centre. The petitioner applied under the notification and produced Annexure A1 certificate.** **3. Annexure A1 certificate was with respect to a course conducted by the Kerala Tuberculosis Association. The Kerala Tuberculosis Association had also certified that this is a course similar to that conducted by the Tuberculosis Association of** **India. The Public Service Commission hence directed the petitioner to get an equivalent certificate from the Government. The Government** O.P(KAT) No.3105/2013 5 **declined the same since the course conducted by the Tuberculosis Association of India was of nine months duration while the course conducted by the Kerala Tuberculosis Association was of 6 months' duration. The applicant was hence not considered for the post that arose in Palakkad. However, she has been continued in Alappuzha.** ## **4. The applicant has sought for** **alternative prayer for regularisation in the post at Alappuzha. The applicant sought for consideration on the basis of the decision of the Hon'ble Supreme Court in** _**Secretary, Government of Karnataka v. Umadevi (2006)4 SCC 1)**_ **. The Tribunal found that since the applicant did not have the qualification or the alternative qualification, the regularisation prayer made on the basis of the Supreme Court decision also cannot be considered.** **5. We have to notice that the applicant** O.P(KAT) No.3105/2013 6 **has been continued as Treatment Organizer from 2000 on contractual employment of one year each. Now it is almost 20 years that she has been working in the particular post. Definitely the continuance of the petitioner would be more beneficial to the patients than appointing a fresh candidate with Higher Secondary Course in Science subjects who also will have to be send for further training in the State T.B.Centre. In such circumstances, the petitioner would be entitled to submit a representation before the appropriate authority in the Government for consideration of regularisation. If such a representation is given, the same shall be considered in the light of the observations made herein above. Considering the fact that we are issuing directions for consideration of representation, to enable such effective consideration, we set aside the order of the** O.P(KAT) No.3105/2013 7 **Tribunal insofar as the finding that the petitioner does not have alternative qualification. We have found that the petitioner is better equipped than a person with alternative qualification but no experience in the specific task enjoined upon the post. The petitioner shall submit a representation within a period of one month from the date of receipt of a certified copy of this judgment and the Government shall consider the same expeditiously.** **Original Petition (KAT) is allowed with the above observations. Parties to suffer their respective costs.** **Sd/-** **K. VINOD CHANDRAN, JUDGE.** **Sd/V.G. ARUN, JUDGE.** **Jma/** O.P(KAT) No.3105/2013 8 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** **EXHIBIT P1: TRUE COPY OF OA NO.2507OF 2012 ALONG WITH ANNEXURES.** - **EXHIBIT P2** - **EXHIBIT P2: TRUE COPY OF THE ORDER DATED 29.7.2013 IN OA NO.2507/2012 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P3** - **EXHIBIT P3: TRUE COPY OF COMMUNICATION NO.VI 4100/2010/I DATED 12.4.2013 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.** - **EXHIBIT P4 EXHIBIT P4: TRUE COPY OF LETTER NO.TR.1/2013 DATED 16.1.2013 SENT BY THE TUBERCULOSIS ASSOCIATION OF INDIA TO ONE SHIJU JOHN.** - **ANNEXURE A1 TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT BY THE 5TH RESPONDENT** - **ANNEXURE A2 TRUE COPY OF THE MEMO DATED 16.5.1996 ISSUED TO THE APPLICANT BY THE 2DN RESPONDENT** - **ANNEXURE A3 TRUE COPY OF THE ORDER DATED 27.7.1996 ISSUED BY THE 2ND RESPONDENT** - **ANNEXURE A4 TRUE COPY OF THE ORDER DATED 28.10.1997 ISSUED BY THE 2ND RESPONDENT** - **ANNEXURE A5** - **TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT BY THE TB CENTRE** O.P(KAT) No.3105/2013 9 - **ANNEXURE A6** **TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT BY THE TB CENTRE** - **ANNEXURE A7 TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT BY THE TB CENTRE** - **ANNEXURE A8 TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT BY THE TB CENTRE** - **ANNEXURE A9 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT IN THE THOZHILVARTHA DATED 5.7.2008** - **ANNEXURE A10 TRUE COPY OF THE COMMUNICATION DATED 14.09.2011 ISSUED BY THE 4TH RESPONDENT TO THE APPLICANT** - **ANNEXURE A10(A) ENGLISH TRANSLATION OF ANNEXURE A10.** - **ANNEXURE A11 TRUE COPY OF THE LETTER DATED 26.09.2011 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT** - **ANNEXURE A12 TRUE COPY OF THE COMMUNICATION DATED 6.2.2012 ISSUED BY THE 4TH RESPONDENT TO THE APPLICANT** - **ANNEXURE A12(A) ENGLISH TRANSLATION OF ANNEXURE A12** - **ANNEXURE A13 TRUE COPY OF THE ORDER DATED 23.1.2012 IN OA NO.351/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL** - **ANNEXURE A14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT** **ANNEXURE A15 TRUE COPY OF THE ORDER DATED 12.10.2012 ISSUED BY THE 1ST RESPONDENT** **ANNEXURE A16 TRUE COPY OF THE APPLICATION SUBMITTED** O.P(KAT) No.3105/2013 10 **BY MR SACHEENDRAN S BEFORE THE STATE PUBLIC INFORMATION OFFICER, T B ASSOCIATION OF KERALA, TRIVANDRUM** **ANNEXURE 17** **ANNEXURE 17(A)** - **EXHIBIT P5** **EXHIBIT P6** **EXHIBIT P7** **EXHIBIT P8** **TRUE COPY OF THE REPLY DATED 20.11.2012 GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, TB ASSOCIATION OF KERALA, TRIVANDRUM** **ENGLISH TRANSLATION OF ANNEXURE A17** **TRUE COPY OF THE NOTIFICATION DATED 7.10.2015 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.** **TRUE COPY OF NOTIFICATION DATED 7.10.2015 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION** **TRUE COPY OF THE MINUTES OF THE COMMITTEE OF TUBERCULOSIS ASSOCIATION OF KERALA, DATED 24.9.1994.** **TRUE COPY OF THE MINUTES OF THE COMMITTEE OF TUBERCULOSIS ASSOCIATION OF KERALA, DATED 16.3.1996.**