IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 OP.No. 4043 of 2003(F) ---------------------------- PETITIONER(S): ------------------- B.C.SURESH, S/O.B.C.KRISHNAN BELLIKOTH, BELLIKOTH AJANUR, ANANDASHRAM (VIA) KANHANGAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, KANHANGAD, KASARAGOD DIST. 3. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, AJANUR P.O., KANHANGAD, KASARAGOD DIST. 4. THE PRESIDENT, AJANUR GRAMA PANCHAYATH, AJANUR P.O., KANHANGAD KASARAGOD DIST. (AS THE CHAIRMAN OF THE HOSPITAL DEVELOPMENT AUTHORITY, PRIMARY HEALTH CENTRE, AJANUR). R4 BY ADV. SRI.M.V.BOSE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P. NO. 4043/2003 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE DATED 17/08/1999 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P2: COPY OF THE LAWYER NOTICE DATED 28/11/2002 ISSUED BY THE PETITIONER'S COUNSEL TO THE RESPONDENTS. P3: COPY OF THE ACKNOWLEDGEMENT CARDS SIGNED BY THE RESPONDENTS. RESPONDENT'S EXHIBITS: R4(a):COPY OF COMPLAINT DATED 05/07/2002 FROM THE PETITIONER BEFORE THE 4TH RESPONDENT. R4(b):COPY OF REPLY DATED 08/07/2002 TO THE PETITIONER. R4(c):COPY OF LETTER DATED 05/12/2002 FROM THE 4TH RESPONDENT TO THE MEDICAL OFFICER. /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.4043/2003-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of June, 2011 J U D G M E N T The petitioner claims an amount of Rs.19,061/- as arrears of salary and mileage allowances from the fourth respondent. 2. It is the case of the petitioner that he was appointed as a Driver of the Ambulance Van belonging to a Committee which was managing a Primary Health Centre, Ajanur in Kasargod District and the wages fixed was at the rate of Rs.100/- per day. No formal appointment order was issued and the engagement was on temporary basis. 3. On behalf of the fourth respondent, a counter affidavit has been filed disputing the claims of the petitioner. It is pointed out that he has been there only for 57 days and actually no appointment was also made. The fourth respondent has also got a case that the petitioner has not remitted the ambulance charges amounting to more than Rs.30,000/-. O.P No.4043/2003 -:2:- 4. Since the claim of the petitioner itself is disputed, this Court under Article 226 of the Constitution of India cannot adjudicate such disputed question of fact. It is open to the petitioner to move appropriate forum. Leaving open the remedy of the petitioner, the original petition is dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms O.P No.4043/2003 -:3:- T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.4043/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 3rd day of June, 2011