High Court Kerala High Court

The High Court Legal Aid Committee vs State Of Kerala

Kerala High Court
The High Court Legal Aid Committee vs State Of Kerala
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 16667 of 1996(S)



1. THE HIGH COURT LEGAL AID COMMITTEE
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  :ADVOCATE GENERAL

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :/  /

 O R D E R
                                K.PADMANABHAN NAIR, J.

                            ------------------------------------------

                                  O.P.NO.16667 OF 1996

                               -----------------------------------------

                        Dated this the  19 th  day of January, 2007.


                                          JUDGMENT

On 29th September, 2006, I had passed an order directing the

Secretary to Government, Ministry of Health and Family Welfare

Department to consider and take a decision on the request made by

the State Government as expeditiously as possible at any rate within

two months from the date of receipt of a copy of that order. Sri. John

Varghese, Assistant Solicitor General has informed that the letters

referred to in my order had not reached the Ministry of Health and

Family Welfare. Accordingly I directed Special Government Pleader to

hand over copies of all relevant State government letters addressed to

Union Government to Assistant Solicitor General. Advocate .Sri.John

Varghese has stated that there is no reference of these letters in the

letter written to the Central Government. Accordingly copies of

relevant letters are handed over to Assistant Solicitor General, Sri.

John Varghese by Senior Government Pleader. I am of the view that it

is only just and proper that Union of India take a decision in the matter

as expeditiously as possible. The Union of India shall consider all

aspects of the matter and consider whether the present programme

O.P.NO.16667 OF 1996

2

which is stated to be very useful to the patients living in rural areas

can be extented.

2. Since the period of Mental Health Programme had already

expired it is only just and proper that the Union Government take a

decision in the matter as expeditiously as possible. It is submitted that

the District Mental Health Programme was very useful for the poor

patients who are living in interior places.

In the result the following orders are passed. There will be a

direction to the Secretary to Government of India, Ministry of Health

and Family Welfare Department to consider the request of the State

Government for extention of the period of District Mental Health

Programme and inclusion of new area as expeditiously as possible at

any rate within a period of two months from the date of receipt of a

copy of this order.

Hand over a copy of this order to Sri. John Varghese,

Assistant Solicitor General who shall communicate this order to Union

of India.

K.PADMANABHAN NAIR,

JUDGE.

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O.P.NO.16667 OF 1996

3

K.PADMANABHAN NAIR, J.

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O.P.NO.16667 OF 1996

—————————————–

Dated this the 19 th day of January, 2007.

O R D E R

A number of daily rated employees had filed a petition

praying that a direction may be issued to the Government to regularise

their services. In fact similar persons have filed Writ Petition No.

4880/06, which was subsequently withdrawn. Similar request was

considered by me on 7.2.06 and without prejudice to the right of the

petitioners to seek remedies available to them if any, the petition was

closed. I do not find any reason to take a different view in this

petition. So this petition is also to be closed.

In the result the petition is closed.

K.PADMANABHAN NAIR,

JUDGE.

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O.P.NO.16667 OF 1996

4

K.PADMANABHAN NAIR, J.

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O.P.NO.16667 OF 1996

—————————————–

Dated this the 24 th day of May, 2007.

O R D E R

Copy of the letter dated 21.5.07 served on Amicus Curiae,

Special Government Pleader Sri.T.M.Sunil and also to the Assistant

Solicitor General. Government Pleader prays for time. Post on

30.5.07.

K.PADMANABHAN NAIR,

JUDGE.

bkn