IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.112 OF 2021(L)
PETITIONER:
OMANA K.R
AGED 60 YEARS
W/O. LATE KRISHNANKUTTY, KIZHAKKEKALAYIL,
KUMARANALLOOR P.O. KOTTAYAM.
BY ADVS.
SHRI.P.M.JOSHI
SMT.SIJI K.PAUL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND
FAMILY WELFARE DEPARTMENT , SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 SUPERINTENDENT,
MEDICAL COLLEGE HOSPITAL,
GANDHINAGAR P.O., KOTTAYAM 686 008.
OTHER PRESENT:
GP- SRI. BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.112 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following reliefs:- "(i) Issue a writ of certiorari or appropriate writ or declaration quashing Exhibit-P10 as the same is illegal and against the Exhibit P11 government order.
(ii) Issue a writ of mandamus or appropriate writ or direction to the first and second respondents to consider P7 and P8 representations respectively and pass orders after hearing the petitioner and other similarly placed employees.
(ii) Issue a writ of mandamus or appropriate writ or direction to the respondents to retain the petitioner till a final decision is taken on Exhibit P7 and P8 representations.
(iv) Set aside Government letter K3/118/2017 H&FW Department dated 28.11.2017 mentioned in Exhibit P2, being issued against the principles of natural justice."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that the petitioner is a contingent employee working in the Medical College Hospital, Kottayam under the Hospital Development Committee and that she has been WP(C).No.112 OF 2021 3 required to go out of service on attaining the age of 60 years. The learned counsel for the petitioner submits that the age of retirement of contingent employee under the Government service is 70 years and Ext.P11 would show that contingent employees employed on a contract basis under the projects funded by the RSBY can continue in service until 65 years of age. The petitioner contends that she has approached the respondents submitting representation seeking continuance in service. However, she is not permitted to continue in service on the basis that she has attained the age of 60 years.
4. Having heard the learned Government Pleader also, I am of the opinion that the issue with regard to retirement age of contingent employees working under the Hospital Development Committee is a matter, which has to be considered by the Government in accordance with law.
5. There will, accordingly, be a direction to the 1 st respondent to consider the representation preferred by the petitioner and to take an appropriate decision with regard to WP(C).No.112 OF 2021 4 the same, taking note of the contentions raised by the petitioner as well. The petitioner shall produce a copy of Ext.P8 representation along with the copy of this judgment and the writ petition before the 1 st respondent for compliance. The 1st respondent shall hear the petitioner through any appropriate means including video conferencing and pass orders within a period of two months from the date of receipt of a copy of this judgment. Till such time, the petitioner shall be permitted to continue in service as a contingent employee.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bng/05.01.2020 WP(C).No.112 OF 2021 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF IDENTIFY CARD ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 12.12.2017 OF THE 2ND RESPONDENT TERMINATING SERVICES OF 20 EMPLOYEES. EXHIBIT P3 THE TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) 12-831/80 (253) FIN DATED 3.11.1980 OF FINANCE DEPARTMENT. EXHIBIT P4 TRUE COPY OF THE GOVT. ORDER DATED 5.3.2016.
EXHIBIT P5 THE TRUE COPY OF CERTIFICATE OF PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE RELEVANT PAGE OF PETITIONER'S PASS BOOK.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED 26.12.2020 SUBMITTED TO 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATIONS DATED 26.12.2020 SUBMITTED TO THE HEATH MINISTER, STATE OF KERALA.
EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED 3.12.2020 IN WP(C) NO. 26876/202 EXHIBIT P10 THE TRUE COPY OF THE LETTER DATED 22.12.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11 THE TRUE COPY OF THE SAID G.O.(RT)NO.
2466/2018/H&FWD DATED 2.8.2018.