Kerala High Court issues bailable warrant against health department official

The Kerala High Court on Wednesday issued a bailable warrant against Dr Rajan N Khobragade, the Additional Chief Secretary of the State's Health and Family Welfare Department after the State official failed to comply with certain directives issued by the Court. .The Division Bench of Justices A Muhammed Mustaque and C Jayachandran noted that the State authorities had failed to implement a 2023 Court directive to consider a disabled official's promotion.The Court had also later made it clear that the Additional Chief Secretary of the Heath Department must appear personally before it to give an explanation if the directive remains unfulfilled. However, the official failed to do so.The Court, therefore, issued a bailable warrant against him, observing that it had given multiple opportunities to the State authorities to comply with its earlier directives. "Accordingly, we issue a bailable warrant against the additionally impleaded respondent (Additional Chief Secretary Khobragade)," the Court ordered on January 8. The matter has been posted for further hearing on January 20 at 1.30 PM..The Court was dealing with a plea by one, Dr. B Unnikrishnan, a government official working in the State's Health Department with a 40 per cent locomotor disability.In his plea, Unnikrishnan had raised concern about the lack of any lateral reservation for disabled candidates for the post of Deputy Director of Health Services. He stated that the department's refusal to consider extending any reservation benefit violated the Rights of Persons with Disabilities Act, 2016. This affected his promotion prospects..In 2023, the Court directed the State's Health Department to constitute a Departmental Promotion Committee (DPC) to evaluate Unnikrishnan's suitability for a promotion to the post of Deputy Director of Health Services.However, Unnikrishnan later moved a contempt of court plea, contending that the State authorities had failed to comply with the Court's 2023 directive.On February 2, 2024, the Court ordered the State authorities to ensure compliance with its 2023 directive. However, the 2023 order remained unimplemented. .On December 10, the Court impleaded Khobragade, the Additional Chief Secretary of the Health Department, as an additional respondent in the contempt case. At the time, the Court also expressly instructed him to comply with the 2023 order within two weeks and to appear in person if the direction was not complied.When the case was called on January 8, the Additional Advocate General sought an additional two-week time extension to report compliance.However, the Court rejected this request."Despite (several) opportunities, the directions remain not complied, and the additionally impleaded respondent has failed to appear in person. Under these circumstances, we find no reason to accede to the request of the learned Additional Advocate General. Accordingly, we issue a bailable warrant against the additionally impleaded respondent. Post on 20/1/2025 at 1:30 PM," its order said. .Advocates P Nandakumar, Amrutha Sanjeev, Vivek Vijayakumar, and Indu C Sreekumar appeared for the petitioner, Dr. Unnikrishnan..[Read Order]