Kamala A.K. vs The Department Of Health And ...
2021 Latest Caselaw 2019 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                  WP(C).No.21768 OF 2020(U)


PETITIONER :-

            KAMALA A.K., AGED 60 YEARS
            D/O.GOVINDAN, KALLAMPILLIL HOUSE,
            NEERIKKADU P.O., KOTTAYAM, PIN - 686 564.

            BY ADVS.
            SRI.S.RENJITH
            SRI.K.R.PRATHISH

RESPONDENTS :-

      1     THE DEPARTMENT OF HEALTH AND FAMILY AFFAIRS
            SECRETARIAT ANNEX, THIRUVANANTHAPURAM P.O,
            THIRUVANANTHAPURAM, PIN - 695 001,
            REPRESENTED BY ITS SECRETARY.

      2     GOVERNMENT MEDICAL COLLEGE KOTTAYAM,
            DEPARTMENT OF MEDICAL EDUCATION,
            KOTTAYAM MEDICAL COLLEGE, GANDHI NAGAR KOTTAYAM,
            PIN - 686 008., REPRESENTED BY ITS
            MEDICAL SUPERINTENDENT.

      3     HOSPITAL DEVELOPMENTAL COMMITTEE
            KOTTAYAM MEDICAL COLLEGE, GANDHI NAGAR,
            KOTTAYAM, PIN - 686 008,
            REPRESENTED BY ITS SECRETARY.

            BY SRI.BIJOY CHANDRAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.21768 OF 2020(U)

                                 -: 2 :-


                             JUDGMENT

Dated this the 19th day of January 2021

The challenge in this writ petition is against Ext.P1 order of

termination of the service of the petitioner on the ground that she has

attained 60 years of age. The petitioner had been working as

cleaning staff on contract basis in the Government Medical College

Hospital, Kottayam since 2000. She states that she was employed by

the Hospital Development Committee. It is submitted that the

retirement age of employees under the Rashtriya Swasthya Bima

Yojana and projects funded thereunder is admittedly 65 years. It is

submitted that the retirement age of part-time sweepers under the

Government is 70 years. It is stated that Ext.P5 order had been

issued on 2.8.2018 fixing the retirement age of persons employed on

contract basis under Hospital Development Committees under RSBY

projects also as 65 years. It is, therefore, contended that the action of

the respondents in seeking to terminate the petitioner's services on

the ground that she has attained 60 years of age is completely

without jurisdiction and is illegal and unsustainable.

2. It is submitted by the learned Government Pleader that in

several cases, including by judgment dated 21.10.2020 in W.P.(C)

No.22492/2020, this Court has directed the Government to consider

the issue of retirement age of contract employees like the petitioner, WP(C).No.21768 OF 2020(U)

who have been engaged by the Hospital Development Committees. It

is submitted by the learned Government Pleader that in case the

petitioner approaches the Government with an appropriate

representation, the claim of the petitioner to continue in service will

be considered and orders shall be passed by the Government.

3. In the above view of the matter, I am of the opinion that it

is for the Government to take an appropriate decision on the question

of retirement age of persons employed by the Hospital Development

Committees, taking note of Ext.P5 and the retirement age fixed for

part-time sweepers as well. In case the petitioner approaches the

Government by filing a representation within two weeks from the date

of receipt of a copy of this judgment, the 1 st respondent shall consider

the request, after hearing the petitioner and the representative of the

Hospital Development Committee, either physically or through video

conferencing and take an appropriate decision within two months

thereafter. Till such time, the petitioner shall be permitted to work on

the basis of the interim order granted by this Court.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/20.1.2021.

WP(C).No.21768 OF 2020(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LETTER DATED 24.09.2020 ISSUED BY NURSING SUPERINTENDENT.

EXHIBIT P2 THE TRUE COPY OF THE LETTER NO.K3/118/2017 HEALTH AND FAMILY WELFARE DEPARTMENT DATED 28.11.2017

EXHIBIT P3 THE TRUE COPY OF THE LETTER NO. K3/118/2017/HEALTH AND FAMILY WELFARE DEPARTMENT DATED 05.02.2018.

EXHIBIT P4 THE TRUE COPY OF THE LETTER NO. 696/E/2018/K-S-KTM DATED 25.04.2018.BY KUNDUMBASHREE MISSION.

EXHIBIT P5 GO(RT) NO 2466/2018/H AND FWD DATED 02.08.2018 ISSUED BY DEPARTMENT OF HEALTH AND FAMILY AFFAIRS.

//TRUE COPY//

P.A. TO JUDGE