IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 37258 of 2007(I) PETITIONER: --------------- DR.SWAPNA SEBASTIAN, MEDICAL OFFICER, RNTCP UNIT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. BY ADV. SRI.K.G.ANIL BABU RESPONDENTS: --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT T.B.CONTROL SOCIETY, REG.NO.K. 57/97, DISTRICT T.B.CENTRE, KOTTAYAM, REPRESENTED BY ITS MEMBER SECRETARY CUM DISTRICT T.B.OFFICER. 3. THE DISTRICT COLLECTOR, (CHAIRMAN DISTRICT T.B.CONTROL SOCIETY), KOTTAYAM. 4. DR.ANIL KUMAR, DISTRICT MEDICAL OFFICER (H), KOTTAYAM. 5. DR.D.RADHAKRISHNAN, STATE T.B.OFFICER, HEALTH DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R2 BY ADV. SRI.C.C.THOMAS R1 AND R3 BY SR.GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 3.1.2002 ISSUED BY THE EXECUTIVE SECRETARY TO THE PETITIONER. EXT.P2 TRUE COPY OF THE PROCEEDINGS OF THE EXECUTIVE SECRETARY. EXT.P3 TRUE COPY OF THE LETTER DATED 17.1.05 ISSUED FROM THE DIRECTORATE OF HEALTH SERVICES (STATE T.B.CELL) EXT.P4 TRUE COPY OF THE PROCEEDINGS OF THE EXECUTIVE SECRETARY OF 2ND RESPONDENT DATED 24.6.2006. EXT.P5 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT T.B.OFFICER, DATED 20.7.2006 ISSUED TO THE PETITIONER. EXT.P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.27.7.2006. EXT.P7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)NO.21896/06 DATED 17.6.2006. EXT.P8 TRUE COPY OF THE LETTER NO.3220/P1/2006/H&FWD OF TH GOVERNMENT DATED 7.8.2006. EXT.P9 TRUE COPY OF THE GOVERNMENT ORDER NO.3220/P1/2006/ H&FWD DATED 19.2.2007. EXT.P10 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P11 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 17.4.2007. EXT.P12 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 30.8.2006. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 37258 OF 2007 ------------------------------------------------------ Dated this the 8th January, 2009 JUDGMENT The petitioner was working as Medical Officer, T.B.Control, Revised National Tuberculosis Control Programme (RNTCP) Unit of Medical College, Kottayam. She was appointed on contract basis on 24.1.2002. The second respondent is the appointing authority. It is stated that RNTCP is a Central Government Project. The petitioner states that attempt was made by respondents 4 and 5 to terminate the service of the petitioner on the ground that her work was not satisfactory. The District T.B.Officer, Kottayam issued Ext.P5 proceedings dated 20.7.2006 terminating the service of the petitioner after one month from the date of Ext.P5. Challenging Ext.P5, the petitioner approached the District Collector who is the Chairman of the second respondent Society. It would appear that the petitioner approached the Government as well. The Government passed Ext.P9 order dated 19.2.2007. The operative portion of Ext.P9 order reads as follows: “The decision to terminate the contractual service of Dr.Swapna Sebastian, after the DTO had given her appointment for 6 months based on the recommendations of DC may be cancelled. She may be reappointed on the usual terms of contract appointment with immediate effect for another six months of the end of the RNTCP Project W.P.(C) NO.37258 OF 2007 :: 2 :: whichever is earlier. If she has not been paid any salary for the period she was reinstated based on the basis of the previous stay order of the Govt., the same shall be released only for the actual days she was worked. STO/DTO may assign suitable targets for her work and ask her to submit monthly performance reports. If there is any lapse in performance STO/DTO may take suitable action.” 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to implement Exhibit P9 and reinstate and permit the petitioner to continue in service as Medical Officer, R.N.T.C.P.Unit, Medical College Hospital, Kottayam till the R.N.T.C.P. Project is completed as expeditiously as possible at any rate within a time limit to be fixed by this Honourable Court; and (ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to disburse the arrears of salary of the petitioner from August, 2006 till 25.11.06 and from 19.2.2007 onwards as expeditiously as possible at any rate within a time limit to be fixed by this Honourable Court. (iii) such other relief as may prayed for or deemed fit and proper in the facts and circumstances of the case including the cost. 3. Relief No.(i) relates to reinstatement of the petitioner in service. The period of her appointment is over and, therefore, that prayer has become infructuous. Relief No.(ii) relates to disbursement of the arrears of salary. Ext.P9 order passed by the Government indicates that the W.P.(C) NO.37258 OF 2007 :: 3 :: petitioner would be entitled for salary for the period during which she actually worked. It is not clear from Ext.P9 as to the period during which the petitioner has actually worked. However, it is clear from Ext.P9 that the petitioner is entitled to get salary for the period she worked. Therefore, to that extent, the petitioner is entitled to the relief of directing the second respondent to implement Ext.P9 order in so far as it relates to payment of arrears of salary for the period during which the petitioner actually worked. The Writ Petition is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/