Kerala High Court
Sunil P.J vs Block Panchayath on 29 January, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941
WP(C).No.31231 OF 2012(D)
PETITIONER/S:
SUNIL P.J.
AGED 37 YEARS
X-RAY TECHNICIAN, CHC, AGALI, ATTAPPADY.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT/S:
1 BLOCK PANCHAYATH
ATTAPPADY, REP. BY ITS SECRETARY. 678 581.
2 THE MEDICAL OFFICER - IN-CHARGE
CHC, AGALY, PALAKKAD. 678 581.
3 STATE OF KERALA
REP. BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM. 695 001.
4 DISTRICT COLLECTOR
PALAKKAD. 679 001.
* 5 HOSPITAL MANAGEMENT COMMITTEE, COOMUNITY HEALTH
CENTRE, AGALY PO, PALAKKAD DISTRICT
IS IMPLEADED AS ADDL.R5 AS PER ORDER IN IA 527/13
DT.16.1.13.
R1 BY ADV. SRI.P.S.APPU
R1 BY ADV. SRI.T.C.SURESH MENON
OTHER PRESENT:
SRI.SUNIL KUMAR KURIAKOSE ,GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.31231/2012
.
.
JUDGMENT
The complaint of the petitioner is that salary was not paid to him though he was appointed as X-Ray Technician in the Community Health Centre, Agali. He has also stated that his appointment was on the basis of the recommendations of the Hospital Management Committee of the Community Health Centre as well as that of the Block Panchayat. The petitioner points out that in Ext.P2 letter dated 19.08.2011, the President of the Panchayat had pointed out to the Medical Officer, District Medical Office, Palakkad that the petitioner was not getting salary though was performing duty as X-Ray Technician. Even though the Hospital Management Committee was impleaded as per order dated 16.01.2013 in IA No.527/2013, there is no appearance for them. The petitioner claims that even though he left the post subsequently, salary is still due.
In the above circumstances, there shall be a direction to the Hospital Management Committee of the W.P.(C) No.31231/2012 :3: Community Health Centre, Agaly to consider the claim of the petitioner for arrears of salary and see that arrears if any due to the petitioner shall be disbursed within a period of three months from the date of receipt of a copy of the judgment.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE APPOINTMENT ORDER DT.23.6.11
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 1ST
RESPONDENT DT.19.8.11
EXHIBIT P3 COPY OF THE GO DT.2.5.11
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 1ST
RESPONDENT DT.12.10.12