Kerala High Court
Pankajakshi E.P vs Dr. V. Venu Ias on 21 January, 2025
2025:KER:4444
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21st DAY OF JANUARY 2025 / 1ST MAGHA, 1946
CON.CASE(C) NO. 2291 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.27061 OF 2022 OF
HIGH COURT OF KERALA
PETITIONERS/PETITIONERS:
PANKAJAKSHI E.P.
AGED 51 YEARS
STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE, KANNUR,
1 (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE P.O.,
PIN-670503, RESIDING AT M. R. HOUSE, KOOTTUMUGHAM P.O.,
SREEKANDAPURAM (VIA), KANNUR DISTRICT., PIN - 670631
KAMALAKSHI M.
AGED 50 YEARS
STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE, KANNUR,
2 (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE P.O., PIN-
670503, RESIDING AT T6D TYPE QUARTERS, PARIYARAM, KADANNAPPALLI,
PARIYARAM MEDICAL COLLEGE P.O., KANNUR, KERALA., PIN - 670503
SHEENA M.N.
AGED 45 YEARS
W/O. SANTHOSHKUMAR C., STAFF NURSE GRADE I, GOVERNMENT MEDICAL
3 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT THUTHI HOUSE,
KALLIASERI P.O., KANNUR, PIN - 670562
SOPHIA GEORGE
AGED 45 YEARS
W/O. C. M. FRANCIS, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
4 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT CHOVVATTUMKUNNEL HOUSE,
VAYATTUPARAMBU P.O., NADUVIL VIA, KANNUR DISTRICT., PIN - 670582
5 BINDU SEBASTIAN
AGED 47 YEARS
W/O. SURESH AUGUSTINE, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT KAVALAKATT HOUSE,
PUSHPAGIRI, NELLIPARAMBA, THALIPARAMABA P.O., KANNUR DISTRICT.,
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CON.CASE(C) NO. 2291 OF 2024
2
PIN - 670141
SEENAMMA MATHEW
AGED 52 YEARS
W/O. K. A. XAVIER, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
6 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT KONDOOPARAMBIL HOUSE,
PADIMARUTH P.O., ANANDASRAMAM, KASARGOD DISTRICT., PIN - 671531
SHEEBA MARY THOMAS
AGED 51 YEARS
W/O. THOMAS P.M., STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
7 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT PUTHENPURAYIL HOUSE, EMBATE
PARIYARAM MEDICAL COLLEGE P.O., PARIYARAM, KANNUR., PIN - 670503
SHYJA M.
AGED 51 YEARS
W/O. PADMANABHAN E.V., STAFF NURSE GRADE I, GOVERNMENT MEDICAL
8 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT ETTIYATT HOUSE,
THRICHAMBARAM, TALIPARAMBA, KANNUR DISTRICT., PIN - 670141
SHANTIMOL JOSEPH T.
AGED 51 YEARS
W/O. JOHNSON NINAN, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
9 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT MELEPARAMBIL VEEDU,
VILAYANCODE P.O., ALAKYAMPALAM, KANNUR DISTRICT., PIN - 670504
VIMALA JOSEPH
AGED 48 YEARS
W/O. SAJI P.K., STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
0 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT POOTHAMPARA HOUSE, MALAKKALLU P.O.,
KASARGOD DISTRICT., PIN - 671532
SHEEJA JOSEPH
AGED 46 YEARS
W/O. KURIAN P.M., STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
11 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT THOTTIYIL HOUSE, THERTHALLY P.O.,
ALAKKODE VIA, KANNUR DISTRICT., PIN - 670571
12 SILVIA THOMAS P.
AGED 48 YEARS
W/O. SAJI THOMAS, STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
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P.O., PIN-670503, RESIDING AT MUNDAKKAL HOUSE, THERTHALLY P.O.,
ALAKKODE VIA, KANNUR DISTRICT., PIN - 670571
USHA T.C.
AGED 47 YEARS
W/O. REGINOLD GEORGE, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
13 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT BATHANIA, AZHIKKODE P.O.,
KACHERIPPARA, KANNUR DISTRICT., PIN - 670009
SNEHA P.K.
AGED 46 YEARS
W/O. PREMKUMAR K.V., STAFF NURSE GRADE I, GOVERNMENT MEDICAL
14 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT SAYOOJYAM, MUNDALUR P.O.,
PERLASSERY, KANNUR DISTRICT., PIN - 670622
JIMIMOL ANTONY K.
AGED 48 YEARS
W/O. HONEY JOHN, STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
15 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT KOTTUKAPPALLI HOUSE, VAYATTUPARAMBA
P.O., NADUVIL VIA, KANNUR DISTRICT., PIN - 670582
LIGIMOL M.M.
AGED 50 YEARS
W/O. SHAJI GEORGE, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
16
COLLEGE P.O., PIN-670503, RESIDING AT CHERUVIL HOUSE, NEAR
OUSHADI, PARIYARAM MEDICAL COLLEGE P.O., KANNUR DISTRICT, PIN-670
503, PARIYARAM MEDICAL COLLEGE P.O., PIN - 670503
SANI T.J.
AGED 49 YEARS
W/O. JIMMY THOMAS, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
17 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT AMMAKATTU HOUSE, PERINGOME
P.O., KANNUR DISTRICT., PIN - 670307
ANITHAMOL O.M.
AGED 45 YEARS
W/O. SIBY GEORGE, STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
18 P.O., PIN-670503, RESIDING AT PUTHANPURANIRAPPEL (HOUSE)
KUMBALAPPARA, PARIYARAM MEDICAL COLLEGE P.O., KANNUR DISTRICT..,
PIN - 670503
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CON.CASE(C) NO. 2291 OF 2024
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BINDUMOL JACOB
AGED 47 YEARS
W/O. ANIL AUGUSTINE, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
19 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT POOVATHETTU HOUSE, PARIYARAM
P.O., PARIYARAM, KANNUR DISTRICT., PIN - 670502
MANGALAMBIKA C.D.
AGED 51 YEARS
W/O. VIDYADHARAN N.A., STAFF NURSE GRADE I, GOVERNMENT MEDICAL
0 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT NATTUVETTY THARAYIL HOUSE,
MELERIPURAM, PARIYARAM P.O., KANNUR DISTRICT., PIN - 670502
VASANTHI M.G.
AGED 48 YEARS
W/O. HARIHARAN V., STAFF NURSE GRADE I, GOVERNMENT MEDICAL
21 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT MUKKILICATTU HOUSE, VELLADE
P.O., ALAKODE VIA, KANNUR DISTRICT., PIN - 670571
ROSAMMA JOSEPH
AGED 49 YEARS
W/O. BENNY GEORGE, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
22 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503. RESIDING AT PUTHUMANA ARACKAL (HOUSE),
CHUNDA P.O., CHERUPUZHA, KANNUR DISTRICT., PIN - 670511
GLORIES JOSEPH
AGED 49 YEARS
D/O. JOSEPH, STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
23 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT VADAYATTUKUNNEL, VELLARIKUNDU P.O.,
KASARGOD., PIN - 671533
CHITHRAMBIKA C.D.
AGED 49 YEARS
W/O. REVI A.K.,STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
24 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT AYIKKAL HOUSE, PALLIMUKKU, PARIYARAM
MEDICAL COLLEGE P.O., KANNUR DISTRICT., PIN - 670503
25 BEENA K. VARGHESE
AGED 49 YEARS
W/O. JOSE ABRAHAM, STAFF NURSE GRADE I, GOVERNMENT MEDICAL
COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT VELICAKATH HOUSE, PARIYARAM
MEDICAL COLLEGE P.O., KANNUR DISTRICT., PIN - 670503
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ANICE KURIAN
AGED 56 YEARS
W/O. THOMAS P. J., STAFF NURSE GRADE I, GOVERNMENT MEDICAL
26 COLLEGE, KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL
COLLEGE P.O., PIN-670503, RESIDING AT PERAKAROTE HOUSE,
PADIMARUTHU P.O., KASARGOD DISTRICT., PIN - 671531
DYSY N.K.
AGED 49 YEARS
W/O. BABU THOMAS, STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
27 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT KAPPILUMAKIL HOUSE, PADI MARUTHU
P.O., ANANDASRAMAM, ODAYAMCHAL, KASARGOD DISTRICT., PIN - 671531
MANJU JOSE
AGED 47 YEARS
W/O. JOHN K. G., STAFF NURSE GRADE I, GOVERNMENT MEDICAL COLLEGE,
28 KANNUR, (PARIYARAM MEDICAL COLLEGE), PARIYARAM MEDICAL COLLEGE
P.O., PIN-670503, RESIDING AT KAVALAM HOUSE, KANAVAYAL P.O.,
CHERUPUZHA, KANNUR DISTRICT., PIN - 670511
BY ADVS.
SEBASTIAN CHAMPAPPILLY
GEORGE CLEETUS
ANNIE GEORGE
ALEXANDER K.C.
SWATHI KRISHNA P.H.
RESPONDENT/RESPONDENTS:
DR. V. VENU IAS
CHIEF SECRETARY, STATE OF KERALA, GOVERNMENT SECRETARIAT,
1
THIRUVANANTHAPURAM., PIN - 695001
B. SREENIVAS I.A.S.
SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
2 ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN
- 695001
RABINDRA KUMAR AGARWAL I.A.S.
SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001
3
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CON.CASE(C) NO. 2291 OF 2024
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DR. THOMAS MATHEW
THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL
4 EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, KERALA, PIN -
695011
DR. SHEEBA DAMODHARAN
THE PRINCIPAL, THE KERALA CO-OPERATIVE HOSPITAL COMPLEX, THE
ACADEMY OF MEDICAL SCIENCES AND ALLIED INSTITUTIONS, GOVERNMENT
5
MEDICAL COLLEGE, KANNUR, PARIYARAM MEDICAL COLLEGE P.O., KANNUR,
KERALA., PIN - 670503
SMT.SURYA BINOY, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CON.CASE(C) NO. 2291 OF 2024
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MOHAMMED NIAS C. P. , J.
.................................................
CON.CASE(C) NO. 2291 OF 2024
.......................................................
Dated this the 21st day of January, 2025
JUDGMENT
This Contempt of Court Case arises from the common judgment, dated 30.01.2024, in WP(C) No.27061 of 2022 and WP(C) No.28330 of 2022, through which this Court, directed the respondents to grant the same benefits as granted through Ext.P8 in WP(C) No.28330 of 2022 and P10 in WP(C) No.27061 of 2022, relying on Ext.P3 Rules to the petitioners. Noticing that the petitioners, who were similarly situated were also entitled to the same benefits, this Court directed the Secretary to the Government to consider the claims of the petitioners.
2. An affidavit has been filed by the 2nd respondent, producing Ext.R2(d) order dated 30.10.2024, withdrawing Ext.P10 order referred to above.
2025:KER:4444 CON.CASE(C) NO. 2291 OF 2024 8
3. In the affidavit filed by the Government, it is stated as follows;
" 4. xxx Any other orders issued by the Principal, Government Medical College, Kannur reckoning past service of the employees without the consent/approval of DME/Government will be enquired and if issued, further action will be taken including recovery of excess pay drawn. Hence Government needs some more time to look into the matter and proceed with steps for recovery if needed."
The statement made above in the affidavit is recorded. The petitioners will be free to re-open the above Contempt of Court Case if the Government does not take appropriate action, as directed above. Without prejudice to the right of the petitioners to challenge the Government Orders referred to above and granting liberty to the petitioners as aforesaid, this Contempt of Court is closed.
SD/-
MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:4444 CON.CASE(C) NO. 2291 OF 2024 9 APPENDIX OF CON.CASE(C) 2291/2024 PETITIONER ANNEXURES ONLINE CERTIFIED COPY OF THE COMMON JUDGMENT DATED 30- 01-2024 IN W.P.(C) NO. 27061 OF 2022 AND W.P.(C) NO. Annexure A-1 28330 OF 2024 A TRUE COPY OF G.O.(RT) NO. 1320/2024/H&FWD DATED 03-
Annexure A-2 06-2024 TRUE COPY OF THE NOTICE SENT TO THE RESPONDENTS BY Annexure A-3 REGISTERED POST WITH A/D DATED 25-06-2024.
TRUE COPY OF POSTAL RECEIPTS EVIDENCING DISPATCH OF ANNEXURE A-3 NOTICE TO THE RESPONDENTS DATED 26-06- Annexure A-4 2024.
A TRUE PRINT OUT OF THE TRACK CONSIGNMENT NO. RL855512227IN DELIVERED TO THE 1ST RESPONDENT ON 28- Annexure A-5 06-2024.
A TRUE PRINT OUT OF THE TRACK CONSIGNMENT NO. RL855512213IN DELIVERED TO THE 2ND RESPONDENT ON 28- Annexure A-6 06-2024.
A TRUE PRINT OUT OF THE TRACK CONSIGNMENT NO. RL855512200IN DELIVERED TO THE 3RD RESPONDENT ON 28- Annexure A-7 06-2024.
A TRUE PRINT OUT OF THE TRACK CONSIGNMENT NO. RL855512301IN DELIVERED TO THE 4TH RESPONDENT ON 28- Annexure A-8 06-2024.
A TRUE PRINT OUT OF THE TRACK CONSIGNMENT NO. RL855510155IN DELIVERED TO THE 5TH RESPONDENT ON 28- Annexure A-9 06-2024.
2025:KER:4444 CON.CASE(C) NO. 2291 OF 2024 10 RESPONDENT ANNEXURES A TRUE COPY OF THE G.O.(RT)NO. 2289/2024/H AND FWD Annexure R2(a) DEPARTMENT DATED 26.09.2024.
A TRUE COPY OF THE G.O(MS) NO.44/2019/H AND FWD DEPARTMENT DATED 18.03.2019.
Annexure R2(b) A TRUE COPY OF THE G.O. (MS) NO. 62/2022/H AND FWD Annexure R2(c) DEPARTMENT DATED 18.03.2022.
A TRUE COPY OF THE G.O(RT)NO. 2588/2024/H AND FWD Annexure R2(d) DEPARTMENT DATED 30.10.2024.