IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 W.P.(C).No.35604 of 2007(S) ---------------------------------------------------------- PETITIONER:- -------------------- DR.S.GANAPATHY, AGED 59 YEARS, S/O.LATE K.SADANANDAN, "KARTHIKA", KILIKOLOOR P.O., KOLLAM. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.R.RENJITH SRI.M.T.SURESHKUMAR RESPONDENTS:- ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 4. THE KERALA GOVERNMENT MEDICAL OFFICERS ASSOCIATIONS, (K.G.M.O.A.), OFFICE OF THE KERALA MEDICAL OFFICE ASSOCIATION, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. R1 TO R3 BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD, I/B. GOVERNMENT PLEADER SRI.T.B.HOOD. R4 BY ADV. SRI.K.RADHAKRISHNAN (SR.) & ADV. SRI.SAJEEV KUMAR K.GOPAL . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.35604/2007-S APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE PHOTOSTAT COPY OF THE NEWS ITEM PUBLISHED IN “MATHRUBHUMI' DAILY DATED ON 5.11.2007. EXT.P2 - TRUE PHOTOSTAT COPY OF THE NEWS ARTICLE PUBLISHED IN “MATHRUBHUMI” DAILY DATED 5.11.2007. EXT.P3 - TRUE PHOTOSTAT COPY OF THE NEWS ITEM PUBLISHED IN “MATHRUBHUMI” DAILY DATED 16.11.2007. EXT.P4 - TRUE PHOTOSTAT COPY OF THE REPORT PUBLISHED IN “MATHRUBHUMI” DAILY DATED 2.11.2007. EXT.P5 - TRUE PHOTOSTAT COPY OF THE NEWS ITEM SEEN PUBLISHED IN “MATHRUBHUMI” DAILY DATED 16.11.2008. EXT.P6 - TRUE PHOTOSTAT COPY OF AN ARTICLE SEEN PUBLISHED IN THE “MATHRUBHUMI” DAILY DATED 27.11.2007. EXT.P7 - TRUE PHOTOSTAT COPY OF THE HIPPOCRATIC OATH TAKEN BY THE MEDICAL STUDENTS, BEFORE THE COMMENCEMENT OF THEIR CAREER. EXT.P8 - TRUE PHOTOSTAT COPY OF THE NEWS ITEM PUBLISHED IN “THE HINDU” DAILY DATED 16.5.2008. EXT.P9 - TRUE PHOTOSTAT COPY OF THE NEWS ARTICLE PUBLISHED IN “MALAYALA MANORAMA” DAILY DATED 20.5.2008. EXT.P10 - TRUE PHOTOSTAT COPY OF THE NEWS ITEM PUBLISHED IN “MATHRUBHUMI” DAILY DATED 19.5.2008. EXT.P11 - TRUE PHOTOSTAT COPY OF THE REPORT PUBLISHED IN “MALAYALA MANORAMA” DAILY DATED 20.5.2008. RESPONDENT'S EXHIBITS:- --------------------------------------- EXT.R1(a) - COPY OF THE MINUTES OF THE DISCUSSION BETWEEN THE GOVERNMENT OF KERALA AND 4TH RESPONDENT HELD ON 5.7.2006, 7.8.2006, 8.8.2006 AND 13.9.2006. EXT.R1(b) - TRUE COPY OF G.O.(MS).74/07/H&FWD DATED 30.3.2007. EXT.R1(c) - TRUE COPY OF G.O.(MS).117/07/H&FWD DATED 26.5.2007. EXT.R1(d) - TRUE COPY OF THE NOTICE DATED 18.9.2007 GIVEN BY 4TH RESPONDENT TO THE HON'BLE MINISTER FOR HEALTH & FAMILY WELFARE DEPT. EXT.R1(e) - TRUE COPY OF GOVT. CIRCULAR DATED 12.10.2007. EXT.R1(f) - TRUE COPY OF GOVT. CIRCULAR DATED 23.10.2007. EXT.R1(g) - TRUE COPY OF GOVT. CIRCULAR DATED 9.11.2007. ANNEXURE-1 - TRUE COPY OF THE G.O.(P).NO.4/08/H & FWD DATED 03.01.2008. W.P.(C).NO.35604 OF 2007 - 2 - EXT.R4(a) - TRUE COPY OF THE MINUTES OF THE DISCUSSION BETWEEN THE GOVERNMENT OF KERALA & THE 4TH RESPONDENT ON VARIOUS DATES. EXT.R4(b) - TRUE COPY OF G.O.(MS).NO.74/07/H & FWD DATED 30.3.2007. EXT.R4(c) - TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.117/07/h& FWD DATED 26.5.2007. EXT.R4(d) - TRUE COPY OF THE REPORT OF THE SUB COMMITTEE FOR SPECIALTY AND ADMINISTRATIVE CADRE IMPLEMENTATION IN HEALTH SERVICES. EXT.R4(e) - TRUE COPY OF THE REPRESENTATION DATED 4.9.2007 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR HEALTH & FAMILY WELFARE. EXT.R4(f) - TRUE COPY OF A CHART SHOWING INEQUALITIES IN PAY REVISION, 2006 AND PROMOTION CHANCES IN VARIOUS CATEGORIES. EXT.R4(g) - TRUE COPY OF A REPRESENTATION SUBMITTED TO THE THEN MINISTER FOR HEALTH DT.23.2.2006 BY THE 4TH RESPONDENT. EXT.R4(h) - TRUE COPY OF THE REPRESENTATION DT.5.7.2006 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE CHAIRMAN, PAY ANOMALY COMMITTEE, GOVT. OF KERALA. Vku/- (True copy) H.L.Dattu, C.J. & T.R.Ramachandran Nair, J. ----------------------------------------------------------- W.P.(C).No.35604 of 2007-S ----------------------------------------------------------- Dated, this the 27th day of May, 2008 JUDGMENT H.L.Dattu,C.J. Petitioner is a doctor and also a public spirited person. 2. In this petition filed under Article 226 of the Constitution, the petitioner is seeking the following reliefs. They are as under: “(i) Declare that the ongoing strike/non cooperation by the Government Doctors is illegal and unconstitutional. (ii) Issue a writ in the nature of mandamus commanding the respondents 1 to 3 to take action against the striking doctors by invoking the powers under the Essential Services Maintenance Act”. 3. Sri.C.P.Sudhakara Prasad, learned Advocate General, appears for the State Government. He has filed an affidavit of the Under Secretary to Government, Health and Family Welfare Department, Thiruvananthapuram. At paragraph 5 of the affidavit, it is stated that the 4th respondent-Association has now withdrawn their strike and non-cooperation agitation. 4. Sri.Raja Vijayaraghavan, learned counsel appearing for the petitioner does not dispute the assertion made by the Under Secretary to Government at paragraph 5 of the affidavit dated 26th May, 2008. 5. Since the 4th respondent-Association has withdrawn their strike and non-cooperation agitation, the cause of action pleaded in the writ petition is as of now does not exist. In view of the withdrawal of the strike by the 4th respondent, it may not be necessary for this Court to go into the merits W.P.(C).No.35604 of 2007-S - 2 - or demerits of the case of the petitioner pleaded in the writ petition. Therefore, placing on record the affidavit filed by the Under Secretary to the Health Department, this writ petition is disposed of. 6. Sri.K.Radhakrishnan, learned Senior Counsel appearing for the 4th respondent-Association would submit that the 4th respondent may be permitted to go before the State Government for clarification in so far as the second paragraph in the Government Order is concerned. In this petition filed by a public spirited citizen, that request of the learned counsel cannot be entertained by us. Therefore, we reject the request. 7. The prayer made in I.A.No.6001 of 2008, to accept additional documents, is allowed. Ordered accordingly. H.L.Dattu Chief Justice T.R.Ramachandran Nair Judge vku/dk