IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 17885 of 2010(I) -------------------------- PETITIONER(S): --------------------- 1. V.S.RAJESH S/O.M.SREEKANDAN NAIR, AGED 40 YEARS, RESIDING AT MELATHIL VALSALA MANDIRAM, POOKKODE, NEMOM P.O., THIRUVANANTHAPURAM 2. ARUN GHOSH T., S/O.THULASIDHARAN, AGED 31 YEARS, RESIDING AT NANDANAM, TC49/270(29),KAMAL NAGAR, MANAKKAD P.O. THIRUVANANTHAPURAM BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 5. SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. 6. SUPERINTENDENTSREE AVITTAM THIRUNAL HOSPITAL, THIRUVANANTHAPURAM. SR.GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17885 OF 2010 (I) ===================== Dated this the 12th day of July, 2010 J U D G M E N T The challenge in the writ petition is against Ext.P6. Facts of the case are that by Ext.P1, the Government have directed constitution of house keeping committees in the 5 Medical College Hospitals, Institutes of Maternal and Child Health and Women and Children Hospitals, consisting of personnel from Public Health Wing under the leadership of Technical Assistants/Health Supervisors to manage the sanitary and house keeping works in the hospitals. Accordingly, Ext.P2 order was issued by the Director of Health Services ordering posting of employees. 2. Subsequently, the Government issued Ext.P3 order according sanction for the constitution of an official Committee to prepare the draft proposals for fixing the duties and responsibilities for House Keeping Committee. Accordingly, the Committee conducted various extensive studies and submitted Ext.P4 report, which was accepted by the Government as is seen from GO(MS) No.103/2008/H&FWD dated 8th April, 2008, a copy of which is Ext.P4. Subsequently, Government issued Ext.P6 order WPC No. 17885/10 :2 : directing that in order to keep the Government Hospitals hygienic, Government was pleased to reconstitute the House Keeping Committees in the District Hospitals, General Hospitals, Specialty Hospitals, Taluk Hospitals and Community Centres also. Thereafter, Ext.P7 order was issued modifying Ext.P6 and directing constitution of committees with a maximum number of five persons. It was thereupon that writ petition was filed. 3. Although it is not stated so, what made the petitioners to file this writ petition challenging Ext.P7 is that they are now working in the Medical College Hospital and Sree Avittam Thirunal Hospital, Thiruvananthapuram respectively on working arrangement basis, and if Exts.P6 and P7 are implemented, necessarily, there will be a reduction in the number of members of the Committee and the petitioners may have to be reverted back or posted to some other hospitals. 4. Irrespective of the aforesaid grievance of the petitioners, the only question to be considered by this Court is whether Ext.P7 reducing the number of the members of the Committee is invalid for any reason. 5. Learned Government Pleader has obtained instructions in the matter. According to the instructions obtained by him, as a WPC No. 17885/10 :3 : result of Ext.P6, committees which were confined to the 17 hospitals in the State covered by Ext.P2 order, now stand constituted in all Government hospitals all over the State. It is stated that as a consequence of Ext.P6, the employees who are posted in the Committees in the 17 hospitals have also to be distributed in the committees to be constituted in the other hospitals. It is stated that in order to enable uniform distribution of such employees, it was decided by the Government to reduce the number of representatives in the Committee and according to the learned Government Pleader, it was for that reason that Ext.P7 was issued. 6. Evidently therefore, the reason which led to the issuance of Ext.P7 is to ensure a uniform and equitable distribution of the employees from the Public Health Wing. Such decision certainly was issued in the administrative exigencies, and this Court will not be justified in interfering with the said decision. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp