High Court of KeralaSingle JudgeWrit petition dismissed; arrears of wages payab...

Vanitha K. vs Union of India and Others

Case / Petition Number:WP(C) NO. 27459 OF 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • V.G. Arun
Judgment Date
2022-04-07
Court Decision / Holding
The writ petition is dismissed, directing the 8th respondent to pay the arrears of wages due to the petitioner within one month of receipt of a copy of this judgment.
Final Disposition
Writ petition dismissed; arrears of wages payable to petitioner

Parties to the Case

Appellants / Petitioners

  • Vanitha K.

Respondents

  • Union of India
  • State of Kerala
  • Secretary to Government Local Self Government Department
  • Secretary to Government Department of Finance
  • Director of Panchayath Directorate of Panchayath
  • National Health Mission represented by its Director
  • Mission Director, Kerala National Health Mission
  • Kundara Grama Panchayath represented by its Secretary
  • Secretary Kundara Grama Panchayath
  • Chief Secretary to Government of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Kaleeswaram Raj
  • • Varun C.
  • • Vijay Thulasi K.
  • • K. Raj

Counsels for Respondents

  • • Ramkumar J.
  • • Manoj Ramaswamy
  • • Venugopal V.
  • • M. Ajay

Case Synopsis & Summary

Vanitha K., a daily-wage Attender at the Homoeo Dispensary under Kundara Grama Panchayath, challenged the non-renewal of her tenure and sought continuation of service along with wages at the rate of Rs. 600 per day for the period she worked, alleging that Covid-related exigencies and Government orders justified extending ad hoc appointments in hospital settings. She joined on 17.08.2015 under Ext.P1 and continued until 16.08.2021, though her wage rate was Rs. 450 per day, as per Ext.P2. Her period of employment was extended repeatedly and finally till 16.08.2021. She was informed that her tenure would not be extended further and participated in a selection process announced via Ext.P5, with a draft list that was subsequently cancelled after objections (Annex R8(a)). A new selection process culminated in a ranked list with another candidate placed first (Shyamili Satheendran). The petitioner contends that termination is stigmatic, requiring inquiry, and that several Government Orders (Exts.P2, P8-P11) extended tenure for pandemic purposes. The Panchayat argues the appointment was fixed-term and the petitioner had accepted a contractual engagement, including an exhibit (R8(a)) acknowledging an one-year temporary assignment from 17.08.2020. The Government Pleader repeats that the relied orders do not apply to her, as she was not appointed under the NHRM scheme. The court ultimately holds that there is no right to continuance beyond the fixed term, but directs arrears for wages actually worked to be paid at the rate in Ext.P2, within a month of judgment.

Provisions of Law Cited

G.O.(RT) No.1099/2017/LSGDG.O.(P) No.112/2018/FING.O.(P) No.29/2021/FING.O.(RT) No.1067/2021/LSGDG.O.(RT) No.1149/2021/LSGDG.O.(RT) No.1496/2021/LSGD

Legal Doctrines & Maxims

  • Estoppel

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that, in view of Covid-related exigencies and supporting Government orders, the tenure of daily-waged employees in hospital settings under Local Self Government Institutions should be extended. She contends that her fixed-term appointment (Exhibit P1) and subsequent extended tenure had a sine qua non for continuance, and that her discharge without due inquiry is stigmatic. Relying on Ext.P2 and the pandemic-related orders (Exts.P8-P11), she seeks continuation and arrears at the higher wage rate ( Rs. 600 per day) for the period she worked. She also relies on Piara Singh to argue against replacement by another temporary hand. Respondents: The Panchayat contends that the petitioner’s appointment was fixed-term; participation in the selection process estops her from seeking continuation; the relied Government Orders do not apply to her since she was not part of the NHRM scheme; the selection process and cancellation of the initial list justify not renewing the post. The Government Pleader adds that no statutory orders cover fixed-term daily-wage appointments in this context and that the petition cannot be allowed to override the terms of the contract.

Contentions of Respondents

The respondents argue that the arrangement was a fixed-term contract; despite the petitioner’s participation in the later selection process, her engagement did not extend beyond the contractual period. They emphasize that the Government Orders cited by the petitioner pertain to Covid-related ad hoc arrangements and do not apply to a daily-waged attender under the Panchayat who was not part of the NHRM scheme. They contend that the interim orders/press notices do not create a right to continuation, and that the petition should be dismissed while directing only arrears for actual work at the specified rate.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of Haryana and Others v. Piara Singh and Others1992 4 SCC 118DistinguishedThe court rejects Piara Singh as applicable to this case because the petitioner had entered into a fixed-term contract and participated in subsequent selection, limiting the relevance of Piara Singh’s enhanced protections for temporary employees.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(C) NO. 27459 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 7[TH] DAY OF APRIL 2022 / 17TH CHAITHRA, 1944** **WP(C) NO. 27459 OF 2021** ## **PETITIONER/S:** VANITHA K. AGED 47 YEARS W/O. PADMA KUMAR, HOMEO ATTENDER, HOMEO DISPENSARY (NRHM), KUNDARA GRAMA PANCHAYATH, KOLLAM DISTRICT - 691501, RESIDING AT EDATHUNDIL VEEDU, KANJIRACODE MULAVANA P. O., KUNDARA, KOLLAM - 691503. BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ ## **RESPONDENT/S:** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110011. 2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 4 SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 5 DIRECTOR OF PANCHAYATH DIRECTORATE OF PANCHAYATH, THIRUVANANTHAPURAM - 695 001. 6 NATIONAL HEALTH MISSION REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI - 110 011. **WP(C) NO. 27459 OF 2021** **2** 7 MISSION DIRECTOR, KERALA NATIONAL HEALTH MISSION, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, GENERAL HOSPITAL JN., THIRUVANANTHAPURAM - 695 035. 8 KUNDARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KUNDARA, KOLLAM DISTRICT - 691501. 9 SECRETARY KUNDARA GRAMA PANCHAYATH, KUNDARA, KOLLAM DISTRICT - 691501. 10 CHIEF SECRETARY TO GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADVS. RAMKUMAR J., CGC SHRI.MANOJ RAMASWAMY, SC, KUNDARA GRAMA PANCHAYAT ## **OTHER PRESENT:** ASG S. MANU; GP VENUGOPAL V. SC FOR NHM M. AJAY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.022, THE COURT ON 7.4.2022 DELIVERED THE FOLLOWING: **WP(C) NO. 27459 OF 2021** **3** ## **V.G.ARUN, J. ----------------------------------------------W.P(C).No.27459 of 2021 ----------------------------------------------Dated this the 7[th] day of April, 2022** ## **JUDGMENT** The petitioner was appointed as daily waged Attender at the Homoeo Dispensary of the 8th respondent Panchayat based on Ext.P1 decision of the Panchayat Committee dated 13.08.2015. She joined duty on 17.08.2015 and thereafter, continued in service uninterruptedly. According to the petitioner, though Exhibit P2 Government Order entitles her for wages at the rate of Rs.600/- per day, she was paid only Rs.450/- per day. Even then , the petitioner continued in service and her period of employment was extended from time to time and finally from 17.8.2020 to 16.8.2021. While so, the petitioner was informed that her employment will not be extended further and was shocked to find Exhibit P5 news item, calling for applications for appointment to the post of Homoeo Attender. The petitioner participated in the selection process by attending the interview held on 18.10.2021, but the select list was never published. To the petitioner’s dismay, she was not permitted to work from 26.11.2021 onwards, on the premise that another temporary hand will be joining duty. Aggrieved, this writ petition is filed seeking to continue the petitioner’s service as Homoeo **WP(C) NO. 27459 OF 2021** **4** Attender and to disburse her wages for the period from 17.8.2021 to 26.11.2021, at the rate stipulated in Ext.P2. 2. The 8[th] respondent has produced Annexure R8(a) agreement executed by the petitioner stating that she is willing to work as temporary Attender for a period of one year from 17.8.2020 onwards. It is stated that the committee members had received complaints regarding the petitioner’s behaviour. Therefore, it was decided not to extend her tenure. Accordingly, as per decision dated 18.10.2021, applications were invited to the post of Attender and an interview conducted, in which the petitioner also participated. Due to objection raised by certain committee members, the select list had to be cancelled. Later, another news item was published on 17.12.2021, inviting applications and after due process of selection, Exhibit R8(f) ranked list published, wherein one Shyamili Satheendran is ranked No.1. 3. Heard Advocates Thulasi K.Raj for the petitioner, Manoj Ramaswami, for the Panchayat, M.Ajay for the National Health Mission and Senior Government Pleader V.Venugopal, for the Government. 4. Learned counsel for the petitioner contended that, going by the statement of the Panchayat, the Committee had decided not to extend the petitioner’s tenure based on complaints regarding her misbehaviour. If so, the petitioner’s termination is stigmatic and can only be after conducting an enquiry. Various Government Orders are **WP(C) NO. 27459 OF 2021** **5** relied on to contend that the tenure of daily waged employees working in hospitals under Local Self Government Institutions was directed to be extended in view of the prevailing pandemic situation. The decision in _**State of Haryana and Others v. Piara Singh and Others**_ [1992 4 SCC 118] is pressed into service to contend that an ad hoc/temporary employee should not be replaced by another such employee. It is argued that, having been appointed to the NHRM Scheme, the petitioner’s service is co-terminus with the Scheme. Finally, it is contended that the petitioner is entitled for wages at the rate prescribed in Ext. P2 and the Panchayat should be directed to pay the wages for the period during which the petitioner had worked based on the interim order. 5. Learned counsel for the Panchayat contended that the petitioner’s appointment being under a fixed term of contract, she has no right to continue beyond the contractual period. Moreover, having participated in the selection process, the petitioner is estopped from seeking continuance of her contractual employment. 6. Learned Government Pleader submitted that none of the Government Orders relied on by the petitioner are applicable to her, since those orders are with respect to temporary appointments effected for tackling the Covid situation. 7. Learned counsel for the National Health Mission submitted that the petitioner was not appointed under any NHRM Scheme. The role National Health Mission is to aid the State Government in **WP(C) NO. 27459 OF 2021** **6** improving access to better health care and quality services to the underprivileged. 8. The contention based on _**Piara Singh**_ cannot be countenanced _,_ since the petitioner had entered into Exhibit R8(a) agreement, undertaking to work as attender for a fixed period. The petitioner’s legal right gets further curtailed by her participation in the subsequent selection process. As rightly pointed out by the Government Pleader, the Government Orders produced by the petitioner are not applicable to her. In such circumstances, I find no reason to direct continuance of the petitioner as Attender in the 8th respondent Panchayat. Having held so, I find the petitioner’s claim for arrears of wages at the rate prescribed in Exhibit P2 to be well founded. If the petitioner had actually worked from 17.8.2021 to 26.11.2021, necessarily the Panchayat has to pay her wages at the rate stipulated in Exhibit P2. She should also be paid at the same rate for the period she has worked on the strength of the interim order in this case. In the result, the writ petition is dismissed, directing the 8th respondent to pay the arrears of wages due to the petitioner within one month of receipt of a copy of this judgment. **Sd/V.G.ARUN, JUDGE** _vgs_ **WP(C) NO. 27459 OF 2021** **7** ## **APPENDIX OF WP(C) 27459/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER NO.A5933/15 DATED 13.08.2015 ISSUED BY THE SECRETARY, KUNDRA GRAMA PANCHAYATH. Exhibit P2 TRUE COPY OF THE G.O.(RT) NO.1099/2017/LSGD DATED 07.04.2017 ISSUED BY THE 3RD RESPONDENT. Exhibit P3 TRUE COPY OF THE ORDER NO.G.O.(P) NO.112/2018/FIN. DATED 21.07.2018 ISSUED BY THE 4TH RESPONDENT. Exhibit P4 TRUE COPY OF THE ORDER NO.G.O.(P) NO.29/2021/FIN. DATED 11.02.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P5 TRUE COPY OF THE NOTIFICATION IN MANORAMA NEWSPAPER DATED 26.09.2021. Exhibit P6 TRUE COPY OF THE ORDER NO.A5-5542/21 DATED 04.10.2021 ISSUED BY THE 9TH RESPONDENT. Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.9712/2019 DATED 28.03.2019. Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.PAN/14760/2020-E9(DP) DATED 12.01.2021. Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(RT) NO.1067/2021/LSGD DATED 01.06.2021. Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(RT) NO.1149/2021/LSGD DATED 15.06.2021. Exhibit P11 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(RT) NO.1496/2021/LSGD DATED 09.08.2021. Exhibit P12 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.925/2021 DATED 27.09.2021. Exhibit P13 TRUE COPY OF THE MUSTER ROLL OF THE PETITIONER FOR THE PERIOD OF 17.08.2021 - 31.08.2021 AND 01.09.2021 - 30.09.2021 ISSUED BY THE MEDICAL OFFICER, HOMEO **WP(C) NO. 27459 OF 2021** **8** DISPENSARY, KUNDARA GRAMA PANCHAYATH. Exhibit P14 TRUE COPY OF THE MUSTER ROLL OF THE APPLICATION FOR THE PERIOD OF 01.10.2021 - 31.10.2021 ISSUED BY THE MEDICAL OFFICER, HOMEO DISPENSARY, KUNDARA GRAMA PANCHAYATH. Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 27.11.2021 SUBMITTED TO THE PRESIDENT AND SECRETARY, KUNDARA GRAMA PANCHAYATH.