Kerala High Court
Mohammed Riyaz M.C vs The Secretary (Health) on 20 February, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP (CAT) No.26/2024 1/3 Order Date : 20-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
OP (CAT) NO. 26 OF 2024
OA 5/2024 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER(S)/APPLICANTS:
MOHAMMED RIYAZ M.C, AGED 40 YEARS, S/O LATE CHERIYA KOYA,
OPHTHALMIC ASSISTANT, NATIONAL PROGRAMME FOR CONTROL OF BLINDNESS
AND VISUAL IMPAIRMENT, NATIONAL HEALTH MISSION, KILTAN ISLAND U.T.
OF LAKSHADWEEP, PIN-682588
RESPONDENT(S)/RESPONDENTS:
1. THE SECRETARY (HEALTH), DIRECTORATE OF HEALTH SERVICES, KAVARATTI
ISLAND, U.T OF LAKSHADWEEP, PIN - 682555
2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,
KAVARATTI ISLAND, U.T OF LAKSHADWEEP, PIN - 682555
3. THE MISSION DIRECTOR (NATIONAL HEALTH MISSION), DIRECTORATE OF
HEALTH SERVICES, KAVARATTI ISLAND, U.T OF LAKSHADWEEP, PIN - 682555
4. STATE PROGRAMME OFFICER, NATIONAL PROGRAMME FOR CONTROL OF
BLINDNESS AND VISUAL IMPAIRMENT, NATIONAL HEALTH MISSION,
DIRECTORATE OF HEALTH SERVICES, KAVARATTI ISLAND, U.T. OF
LAKSHADWEEP, PIN - 682555
5. THE MEDICAL OFFICER-IN-CHARGE, AYUSHMAN BHARAT, HEALTH AND WELLNESS
CENTRE, KILTAN GROUP OF ISLANDS, U.T OF LAKSHADWEEP, PIN - 682558
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to stay
the operation of Annexure A7 in Exhibit P1, till the disposal of the
original petition
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (CAT) and upon hearing the arguments
of SRI. S.VISHNU, Advocate for the petitioner, and of SHRI.SAJITH KUMAR
V., STANDING COUNSEL for the respondents, the court passed the following:
OP (CAT) No.26/2024 2/3 Order Date : 20-02-2024
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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O.P.(CAT) No.26 of 2024
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Dated this the 20th day of February, 2024
O R D E R
A.Muhamed Mustaque, J.
The petitioner submits that he was not heard and he was not given an opportunity before he was terminated from the service. As seen from Annexure A2, he was given a show cause notice. It is to be noted that the petitioner is a contractual employee. Anyway, nothing prevents the official respondents from giving an opportunity of hearing to the petitioner so as to pass appropriate orders after hearing him. Therefore, we are of the view that an opportunity of hearing is to be given to the petitioner, so as to take a decision by the respondents either to review or affirm the earlier order. We direct the petitioner to appear before the second respondent on 04.03.2024 at 11 a.m. Post this matter on 13.3.2024.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE ln OP (CAT) No.26/2024 3/3 Order Date : 20-02-2024 APPENDIX OF OP (CAT) 26/2024 Annexure A7 TRUE COPY OF THE ORDER F.NO.13/NPCV&VI/RHM/2018(PART II) DATED 28.12.2023 ISSUED BY THE 2ND RESPONDENT. Exhibit P1 A TRUE COPY OF THE O.A. FILED BY THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, (OA/181/5/2024 )ERNAKULAM BENCH