MADHUSOODHANAN K.V Vs. STATE OF KERALA

JUDGEMENT

(1.) The Doctors, Nurses and Staff of the Kannur Medical College, Anjarakkandy, Kannur, are before this Court in these two writ petitions - which are being disposed of together on account of the identical nature of the factual circumstances presented and the reliefs sought - alleging that the College and its Hospital had been taken over by the District Collector, Kannur, under the provisions of the Disaster Management Act , 2005 (hereinafter referred to as 'the Act' for short) on 24/03/2020, to use it as a COVID-19 treatment facility; and thus praying that the Government and its functionaries be directed to pay them salary from that date, until the buildings had been handed over back to the Management of the Kannur Medical College.

(2.) Shri.John Varghese, learned counsel appearing for the petitioners in these cases, show me the order of the District Collector, Kannur - in his capacity as the Chairman of the District Disaster Management Authority - a copy of which is on record as Ext.P1 in both cases, as per which, it orders: "taking over Anjarakandy Medical College with all staff and facilities. The DMO is delegated the powers to run the Hospital with immediate effect. The Hospital will be under the control of District administration till further orders."(sic). Shri.John Varghese thus argues that it is the District Disaster Management Authority or the Government of Kerala which is obligated in law to pay the salary to the Doctors, Nurses and Staff, until such time as the buildings remained in their possession under the provisions of the Act.

(3.) Shri.John Varghese further contends that going by Section 34 of the Act, the District Collector is competent to take over the buildings and that Ext.P1 has been issued on the strength of the said provisions; and consequently that the petitioners are entitled to seek their salary, from the date of the said proceedings, from either the said Authority or from the Government. Shri.John Varghese, therefore, reinteratingly prays that this Court direct the official respondents to pay his clients their eligible salary without any further delay.