2025:KER:31466 WP(C) NO. 21132 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 21132 OF 2024 PETITIONER/S: SUBHA M.M AGED 40 YEARS D/O. LATE BALAN, ALICHERI, THIRUVALLUR P.O, VADAKARA, KOZHIKODE., PIN - 673541 BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE ABHILASH C.V. VARUN JACOB RESPONDENT/S: 1 STATE OF KERALA LOCAL SELF GOVERNMENT (DB) DEPARTMENT REPRESENTED BY ITS ADDITIONAL SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THIRUVALLUR GRAMA PANCHAYAT GRAMA PANCHAYAT OFFICE THIRUVALLUR, THIRUVALLURSCHOOL RD,THIRUVALLUR P.O, VADAKARA,KOZHIKODE. REPRESENTED BY ITS SECRETARY., PIN – 673541 3 SECRETARY GRAMA PANCHAYAT OFFICE THIRUVALLUR, THIRUVALLURSCHOOL RD,THIRUVALLUR P.O, VADAKARA,KOZHIKODE., PIN – 673541 4 MEDICAL OFFICER CHC, THIRUVALLUR - PERINCHERI KADAVU RD, PERINCHERI KADAV, KOZHIKODE., PIN - 673541 2025:KER:31466 WP(C) NO. 21132 OF 2024 2 BY ADVS. REEHA KHADER K O.T.JABISH(K/82/2005) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31466 WP(C) NO. 21132 OF 2024 3 JUDGMENT The petitioner was appointed as a Palliative Nurse in CHC, Thiruvallur, on 02.04.2012 by the 02nd respondent Panchayat. She was given an appointment on a contract basis for a period of one year, which was extended from time to time. The petitioner has approached this Court, seeking renewal of her contract of appointment until 31.03.2025. The petitioner has already worked till 31.03.2025. 2.The Panchayath has decided not to renew the contract of the petitioner because of several complaints received from different people including the patients and the Medical Officer. Even otherwise under the terms of the contract, the petitioner’s service could have been terminated by the Panchayath without giving notice in case of failure, negligence, carelessness or inaccuracy on the part of the petitioner. 3. Considering the nature and conditions of employment, the petitioner does not have the right to continue on a contract basis as a Palliative Nurse. Even otherwise, the petitioner’s 2025:KER:31466 WP(C) NO. 21132 OF 2024 4 prayer was to allow her to continue till 31.03.20225. The petitioner has already worked till 31.03.2025, and therefore, the prayer made in the writ petition has become infructuous. In view thereof, I do not find any merit in keeping this writ petition pending and issuing further directions regarding the renewal of the contract beyond 31.03.2025; thus, the writ petition is dismissed. Sd/- D. K. SINGH JUDGE SJ 2025:KER:31466 WP(C) NO. 21132 OF 2024 5 APPENDIX OF WP(C) 21132/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 02.04.2012 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT INFORMING ABOUT THE APPOINTMENT OF THE PETITIONER AS A PALLIATIVE NURSE IN CHC. Exhibit P2 TRUE COPY OF THE ORDER NO. C2/240/2024 DATED 07.06.2024 OF THE 2ND RESPONDENT PANCHAYAT. Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O(RT) NO. 526/2015/LSGD 1ST RESPONDENT DATED 21.02.2015. Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O(RT) NO. 3845/2017/LSGD 1ST RESPONDENT DATED 29.11.2017. Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O(RT) NO. 1191/2023/LSGD 1ST RESPONDENT DATED 08.06.2023. Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O(RT) NO. 1813/2023/LSGD ISSUED BY THE 1ST RESPONDENT DATED 13.09.2023. Exhibit P7 True copy of the letter dated 19.06.2024 issued to the 3rd respondent by the ward members of the 2nd respondent panchayat. Exhibit P8 True copy of the testimonial of 124 patients availing the services of the PHC submitted before the 2nd respondent panchayat. Exhibit P9 True copy of the testimonial by Mohammad Ashique and Surendran who worked as drivers of the palliative centre. Exhibit P10 True copy of the testimonial by A.Mohannan. RESPONDENT EXHIBITS 2025:KER:31466 WP(C) NO. 21132 OF 2024 6 Exhibit R3 (a) THE TRUE COPY OF THE CONTRACTUAL AGREEMENT OF APPOINTMENT ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT PANCHAYAT FOR THE POST OF PALLIATIVE NURSE IN THE PANCHAYAT DATED 12.4.2023 ALONG WITH ITS TRANSLATION Exhibit R2 (a) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY MR. P K RAJESH ALONG WITH ITS TRANSLATION Exhibit R2 (b) A TRUE COPY OF REPRESENTATION DATED 06-04-2024 SUBMITTED BY NISHA A P ALONG ITS TRANSLATION Exhibit R2 (c) A TRUE COPY OF THE LETTER NO. 161/2024 ISSUED TO PRESIDENT OF THIRUVALLUR GRAMA PANCHAYATH FROM MEDICAL OFFICER SEEKING ON EXHIBIT R2 (D)DATED 03-04-2024 ALONG WITH ITS TRANSLATION Exhibit R2 (d) A TRUE COPY OF LETTER DATED 25-04-2024 ALONG WITH ITS TRANSLATION Exhibit R2 (e) A TRUE COPY OF LETTER DATED 15-11-2024 ALONG WITH ITS TRANSLATION Exhibit R2 (f) A TRUE COPY OF THE MINUTES BOOK RECORDS RAISING COMPLAINTS AGAINST THE PETITIONER DATED 29-02-2024 ALONG WITH ITS TRANSLATION