IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7498 of 2008(P) ------------------------- PETITIONER: ------------ 1. KERALA HEALTH SERVICES MINISTERIAL STAFF ASSOCIATION REG.NO.213/79, RECOGNIZED BY GOVERNMENT OF KERALA AS PER G.O.(MS) NO.517/79/GAD DATED 18.9.79 STATE COMMITTEE, TRIVANDRUM, REP. BY ITS GENERAL SECRETARY, K.PRADEEPKUMAR. 2. M.K.DEVADASAN, LAW SECRETARY & TREASURER TALUK HEAD QUARTERS HOSPITAL, PERUMBAVOOR. 3. K.UNNIKRISHNAN, LAW SECRETARY & TREASURER, GOVERNMENT MENTAL HEALTH CENTER, THRISSUR. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, HEALTH AND FAMILY WELFARE DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 3. KERALA STATE HEALTH MISSION, REP. BY ITS CONVENOR AND PRINCIPAL SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 4. KERALA STATE HEALTH AND FAMILY WELFARE SOCIETY (AGROGYAKERALAM), REPRESENTED BY ITS CONVENOR (EXECUTIVE DIRECTOR/MISSION DIRECTOR), OFFICE OF THE DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, TRIVANDRUM - 35. WP(C).No. 7498 of 2008 -2- 5. THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, TRIVANDRUM - 35. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVERNMENT PLEADER SRI. BEJOY CHANDRAN SRI.M.AJAY,SC FOR KSHFWS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).7498/2008 -------------------- Dated this the 7th day of March, 2008 JUDGMENT First petitioner is a registered Association of Ministerial staff belonging to the Health Services Department. Petitioners 2 and 3, members of the first petitioner, Association, are working as Lay Secretary and Treasurer in the Health Services Department. The posts of Lay Secretary and Treasurer were brought in as per Exts.P1 and P2 orders. Petitioners refer to the National Rural Health Mission for the integration of ongoing health programmes and attending issues like sanitation, nutrition, provision for safe drinking water etc. Reference in this regard is made to management of National Rural Health Mission through Arogyakeralam Society as per Ext.P4. Petitioner submits that there are reports which suggest that NRHM could be implemented within the existing administrative set up. They also submit that implementation of NRHM in a manner parallel to the existing administrative set up may W.P.(C).7498/2008 2 ultimately prove to be counter productive as well. The immediate apprehension of the petitioners emanate from Exts.P9 and P10. Ext.P9 shows a proposal of the State Mission Director of NRHM for appointment of Manager (Admn.) in Hospitals and Ext.P10 seems to be a step in furtherance thereto, being a notification inviting applications from interested persons for the post of Manager (Admn.), 97 posts in 14 Districts. The mode of appointment prescribed is on contract basis and the qualification required is, persons with MBA/MHA. Petitioners submit that though it would be open to the Government to facilitate the implementation of the National Rural Health Mission, standing outside the existing administrative set up, in as much as these are matters within the purview of the administrative powers of the Government, the implementation shall not dilute the duties and responsibilities of the cadre staff in the Health Services Department. Reference in particular is made to the following clause in Ext.P9. W.P.(C).7498/2008 3 Manager(Admn) / Superintendent (Non medical) must stay within 3 kms Radius of the Headquarters to coordinate and execute all activities in the hospital including NRHM Programmes and activities. Assist the Superintendent in day-to-day functions of the hospital. Assist the Superintendent and Medical Officers, ie, in the institution in preparation of Health Action Plans and implementation of NRHM and other programs. It is submitted that job responsibilities, contemplated by Manager(Admn), the post which is notified under Ext.P10 is possibly comprehensive of the duties and responsibilities of a Lay Secretary/Treasurer and possibly the Superintendent of Hospital in so far as the administration is concerned. This, according to the petitioners, is illegal and therefore, the selection of Manager(Admn) must be made with a clear notification that they shall either act only as part of the National W.P.(C).7498/2008 4 Rural Health Mission, distinct from the existing health administrative set up being implemented through the hospitals in the State or at any rate only as a supplementary measure, they shall not supplant but only supplement, submits the learned counsel for the petitioner. They have brought their grievance to the notice of the Government by Exts.P11 and P12. I heard learned counsel for the petitioners Mr.Jaju Babu and learned counsel for the fourth respondent, Mr.Ajay, the learned Government Pleader and the learned counsel for the Union of India. Implementation of the National Rural Health Mission and obviously the mode of implementation of the same lies within the domain of the Government. It is clearly open to the Government to sponsor a separate hierarchy for the implementation of the NRHM. It is therefore, also possible to provide for the implementation of the NRHM in such a manner that the W.P.(C).7498/2008 5 existing facilities in the hospitals functioning under the Health Services Department are utilised and the areas which need focus are attended to with more seriousness. In my view, this would be within the broad parameters of policy and administration of the Government. It will be difficult for this Court to enter into the said area. Learned counsel for the fourth respondent refers to Ext.P3 Government Order and points out that NRHM is to be implemented through separate societies and if that be so, petitioners need not be apprehensive about the dilution of the authority of the existing staff in the hospital, in the course of implementation in the NRHM. Learned counsel for the petitioners submits that it is in spite of Ext.P3, that Ext.P9 has been issued, laying down the job responsibilities of Manager(Admn), a post which has been created anew. He submits that while the power of the State to provide for the implementation of the NRHM programme in the State obviously cannot be questioned, the implementation shall not result in W.P.(C).7498/2008 6 interfering with the service conditions of the existing staff of the hospitals, who are part of the civil service of the State. In my view, apprehension voiced by the petitioners are worthy of attention of the Government and as I have noted, it is for the Government to take a decision in these matters. Accordingly, writ petition is disposed of directing the second respondent to consider the aspects highlighted in Exts.P11 and P12 and bear those in mind in the course of the implementation of NRHM. At any rate, reply to Exts.P11 and P12 shall be given to the first petitioner within a period of six weeks from the date of receipt of a copy of this judgment. Government shall also consider the request made by the petitioners that the job responsibilities of Manager(Admn) must be clearly delineated in such a manner that their functioning do not result in the dilution of the authority of the existing W.P.(C).7498/2008 7 staff of the Health Services Department. It is desirable that the Government takes a decision as aforementioned before the process of selection pursuant to Ext.P10 is completed. V.GIRI, Judge mrcs