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Kerala High Court

Jerin John vs State Of Kerala on 4 November, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                            2025:KER:83386

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947

                WP(C) NO. 40803 OF 2025

PETITIONER:

         JERIN JOHN
         AGED 33 YEARS
         S/O. JOHN V.P., HEALTH INSPECTOR GRADE-II,
         VENGAD GRAMA PANCHAYATH, KANNUR-670 741,
         RESIDING AT VALIYAVEETTIL (H),
         CHEMPANTHOTTY P.O., KANNUR, PIN - 670631


         BY ADVS.
         SRI.KALEESWARAM RAJ
         SMT.THULASI K. RAJ
         SMT.CHINNU MARIA ANTONY
         SMT.APARNA NARAYAN MENON




RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY,
         DEPARTMENT OF LOCAL SELF GOVERNMENT,
         SECRETARIAT, VIKAS BHAVAN,
         THIRUVANANTHAPURAM, PIN - 695003

    2    DIRECTOR OF PANCHAYATS
         PANCHAYAT DIRECTORATE,
         SWARAJ BHAVAN, GROUND FLOOR,
         NANTHANCODE, KOWDIAR P.O.
         THIRUVANANTHAPURAM, PIN - 695003
                                               2025:KER:83386
WP(C) No.40803 of 2025
                           2

    3     VENGAD GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          PADUVILAYI, KALLAYI, KANNUR,
          PIN - 670612


BY ADV.

          SMT. ANIMA M., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 04.11.2025, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                               2025:KER:83386
WP(C) No.40803 of 2025
                             3


                         JUDGMENT

Dated this the 4th day of November, 2025 The petitioner states that he is presently working as Health Inspector Grade-II in Vengad Grama Panchayat. The petitioner is working on a contract basis. He was initially appointed as Junior Health Inspector under the NRHM Scheme in Endosulfan Rehabilitation area on a contract basis, in PHC, Mullerai. He was appointed after following the due selection process and attending interview.

2. On 10.11.2022, the Government issued Ext.P5 granting the temporary posts of Health Inspector Grade-II in 505 Grama Panchayats and allowing for appointments to be made to the said post through Employment Exchange on a contract basis. The petitioner applied for the same and on 12.03.2023, he was appointed to the post of Health Inspector under the Vengad Grama 2025:KER:83386 WP(C) No.40803 of 2025 4 Panchayat, Kannur on a contract basis. The petitioner has continued to work in that post till date.

3. In view of the dictum of the Hon'ble Apex Court in Jaggo v. Union of India and others [2024 KHC 6750] and in light of the long years of service performed by the petitioner, he is entitled to be regularised in the post of Health Inspector Grade-II under the Local Self Government Department. The petitioner has been rendering his services for more than 10 years and was selected through a due selection process which consisted of the issuance of a notification and interviews and the State has also been availing the services of the petitioner for a long period of time, contends the petitioner.

4. The petitioner submitted Ext.P10 representation before the 1st respondent seeking regularisation in the post of Health Inspector Grade-II in Vengad Grama Panchayat under the Local Self Government 2025:KER:83386 WP(C) No.40803 of 2025 5 Department. Ext.P10 is liable to be considered by the 1 st respondent, contends the petitioner.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2. In view of the nature of the relief to be granted in the writ petition, notice to the 3 rd respondent is dispensed with.

6. The contention of the petitioner is that non- regularisation of his service amounts to arbitrary and discriminatory treatment. The petitioner is entitled to be regularised in service in consideration of his long years of diligent service, contends the petitioner. The petitioner also relied on the judgment of the Hon'ble Apex Court in Jaggo v. Union of India and others [2024 KHC 6750].

7. Be that as it may, from the pleadings, I find that the petitioner has preferred Ext.P10 representation before the 1st respondent. In the facts of the case and in the interest 2025:KER:83386 WP(C) No.40803 of 2025 6 of justice, I am of the view that the 1 st respondent shall consider Ext.P10 and pass appropriate orders thereon with notice to the 3rd respondent.

The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P10 representation and pass appropriate orders thereon after giving an opportunity of hearing to the petitioner and the 3 rd respondent. Orders in this regard shall be passed within a period of three months.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:83386 WP(C) No.40803 of 2025 7 APPENDIX OF WP(C) 40803/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.

                  NRHM/97/2012/DPMSU     DATED     25.05.2012
                  ISSUED     BY   THE    DISTRICT     PROGRAM

MANAGER, AROGYAKERALAM, KASARGOD. Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO. NHM/2369/18/DPMSU/KSGD ISSUED BY THE DISTRICT PROGRAM MANAGER, AROGYAKERALAM, KASARGOD DATED 07.06.2018 FOR THE PERIOD FROM 28.05.2012 TO 30.09.2017.

Exhibit P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO. NHM/2369/18/DPMSU/KSGD ISSUED BY THE DISTRICT PROGRAM MANAGER, AROGYAKERALAM, KASARGOD DATED 07.06.2018 FOR THE PERIOD FROM 01.11.2017 TO 31.03.2018.

Exhibit P4        TRUE     COPY     OF     THE     EXPERIENCE
                  CERTIFICATE                             NO.

NHM/1005/2023/DPMSU/KSGD ISSUED BY THE DISTRICT PROGRAM MANAGER, AROGYAKERALAM, KASARGOD DATED 28.02.2023 FOR THE PERIOD FROM 07.12.2018 TO 31.03.2022.

Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) NO. 250/2022/LSGD DATED 10.11.2022 ISSUED BY THE LSGD (EPA).

Exhibit P6 TRUE COPY OF THE ORDER NO.

401078/HRDC02/GPO/2023/2210/(3) DATED 12.03.2023 ISSUED BY THE SECRETARY, VENGAD GRAMA PANCHAYAT.

Exhibit P7 TRUE COPY OF THE G.O. NO.

986/2024/LSGD DATED 06.06.2024 ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT.

Exhibit P8 TRUE COPY OF THE ORDER NO.

401078/HRDC01/GPO/2024/4288 DATED 2025:KER:83386 WP(C) No.40803 of 2025 8 27.06.2024 ISSUED BY THE VENGAD GRAMA PANCHAYAT.

Exhibit P9 TRUE COPY OF THE G.O. NO.

1603/2025/LSGD DATED 26.06.2025 ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 15.10.2025.