Unknown vs By Advs
2021 Latest Caselaw 343 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.238 OF 2021(D)


PETITIONER

               SAJEEVAN P.
               AGED 57 YEARS
               RETIRED PHARMACIST,MALABAR CANCER
               CENTRE,THALASSERY,R/AT SANGEETHA
               HOUSE,KARUVACHERY,NILESHWAR.P.O,
               KASARAGOD DISTRICT-671314.

               BY ADVS.
               SRI.SURESH KUMAR KODOTH
               SRI.K.P.ANTONY BINU

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,SECRETARY,
               HEALTH AND FAMILY WELFARE DEPARTMENT,
               THIRUVAANANTHAPURAM-695001.

      2        MALABAR CANCER CENTRE,
               THALASSERY,REPRESENTED BY ITS DIRECTOR,THALASSERY,PO
               MOOZHIKKARA,
               KANNUR-670103.




               GP-SRI.BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.238 OF 2021(D)

                                         2




                                 JUDGMENT

Dated this the 6th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, directing the respondents; to permit petitioner to continue in service as pharmacist in the second respondent institution until the age of 60 years.

ii) Issue a further direction to the respondents to finalise the rule as to the retirement age of Non-academic staff, in line with the decision taken by the Executive Committee on 06.08.2014 and Governing Body in Ext.P7;"

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 Ext.P11 representation seeking enhancement of retirement

age is pending before the 1 st respondent and is liable to be

considered in accordance with law.

There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P11 representation

preferred by the petitioner within a period of three months from WP(C).No.238 OF 2021(D)

the date of receipt of a copy of this judgment. The petitioner shall

be put on notice and heard by any appropriate means including

through video conferencing before orders are passed as directed

above. In case any favourable orders are passed in the

representation, the petitioner will be entitled to the benefits

thereof.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.238 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT LETTER DATED 06.12.2000 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 29.11.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING OF GOVERNING BODY ON 24.01.2019

EXHIBIT P4 TRUE COPY OF LETTER DATED 17.06.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF GO(MS)NO.36/2019/H&FD DATED 02.03.2019

EXHIBIT P6 TRUE COPY OF THE GO(MS)NO.126/2019/H&FWD DATED 7.08.2019

EXHIBIT P7 TRUE COPY OF MINUTES OF THE 77TH MEETING OF EXECUTIVE COMMITTEE

EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE MEETING EXECUTIVE COMMITTEE DATED 29.09.2020

EXHIBIT P9 TRUE COPY OF LETTER DATED 10.11.2020 CONTAINING INFORMATION

EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BEFORE THE MINISTER FOR HEALTH AND FAMILY WELFARE

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 1.12.2020 SUBMITTED BY PETITIONER BEFORE GOVERNMENT.