Kerala High Court
Saritha A vs State Of Kerala on 3 November, 2021
W.P(C).24077/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 24077 OF 2021
PETITIONER/S:
1 SARITHA A., AGED 38 YEARS
STAFF NURSE, KHRWS DELUXE PAYWARD, MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT MOOZHYIL
MEKKUMKARA VEEDU, VENCODE P. O., VATTAPPARA,
THIRUVANANTHAPURAM - 695028.
2 REJITHA L. R. , AGED 36 YEARS
STAFF NURSE, KHRWS DELUXE PAYWARD, MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT J. R.
BHAVAN, PMC -7B, PALLIMUKKU, PEYAD P. O.,
THIRUVANANTHAPURAM - 695573.
3 DIVYA CHANDRAN C. , COMPUTER OPERATOR, KHRWS, ACR LAB,
MEDICAL COLLEGE , THIRUVANANTHAPURAM, RESIDING AT
'RAJASEKHARAMANGALAM', ALUVILA, VATTAVILA, POWDIKKONE
P. O., THIRUVANANTHAPURAM - 695587.
4 SELIN PUSHPAM T. N. , AGED 45 YEARS
JUNIOR LAB ASSIST2020ANT, KHRWS, ARC LAB, MEDICAL
COLLEGE, THIRUVANANTHAPURAM, RESIDING AT SAPHALYAM,
KOLLODU, MOONGODU P. O., THIRUVANANTHAPURAM - 695573.
5 MINIMOL S. , AGED 43 YEARS
LAB TECHNICIAN, KHRWS, ARC LAB, MEDICAL COLLEGE,
THIRUVANANTHAPURAM, RESIDING AT INDHEEVARAM,
PATHUMANGALAM, CHANGA, MITHRANIKETHAN P. O., VELLANAD,
THIRUVANANTHAPURAM - 695543.
6 SHEELAKUMARI P. , AGED 55 YEARS
STAFF NURSE, KHRWS DELUXE PAYWARD, MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT T.C.7/2184,
SREEKALLIPADMAM, MARVALATHALAKONAM, EDAVACODU P. O.,
THIRUVANANTHAPURAM - 695017.
7 BINDHU L. S. , AGED 35 YEARS
STAFF NURSE, KHRWS DELUXE PAYWARD, MEDICAL COLLEGE
W.P(C).24077/2021
2
HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT TC 4/748(5),
SIVADATHAM, BRAHMINS COLONY, KOWDIAR P. O.,
THIRUVANANTHAPURAM - 695003.
8 SUDHA C. , AGED 52 YEARS
HEAD NURSE, KHRWS, CATH LAB, MEDICAL COLLEGE HOSPITAL,
THIRUVANANTHAPURAM, RESIDING AT SIVAPRASADAM,
KALAYITHATTAM, ARUMANOOR, POOVAR P. O.,
THIRUVANANTHAPURAM - 695525.
9 ANJU M. NAIR , AGED 37 YEARS
STAFF NURSE, KHRWS, CATH LAB, MEDICAL COLLEGE
HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT ANJU NIVAS,
VNRA-76, VISHNU NAGAR, POWDIKONAM P. O.,
THIRUVANANTHAPURAM - 595588.
10 DIVYA S. NAIR, AGED 42 YEARS
HEAD NURSE, KHRWS, ULTRA SOUND SCANNING, MEDICAL
COLLEGE HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT
PULARI PANAVILA, KOLLEMKODE P. O., KANYAKUMARI
DISTRICT - 629160.
11 BHOUVYA M. S. AGED 36 YEARS
STAFF NURSE, KHRWS, PAYWARD, GOVERNMENT VICTORIA
HOSPITAL, KOLLAM, RESIDING AT VARUVILA VEEDU,
HARIHARAPURAM, AYROOR, VARKALA - 695310.
12 RESHMI T. C. , AGED 35 YEARS, LAB TECHNICIAN, KHRWS,
ACR LAB, MEDICAL COLLEGE HOSPITAL, CALICUT, RESIDING
AT ARUNODAYAM MAYANAD P. O., CALICUT - 673008.
13 RAMESH R. S. , AGED 44 YEARS
LAB TECHNICIAN, KHRWS, ACR LAB, GOVERNMENT MODEL
HOSPITAL, PEROORKADA P. O., THIRUVANANTHAPURAM,
RESIDING AT TC 39/1576, KILLIPPALAM, CHALA P. O.,
THIRUVANANTHAPURAM - 695036.
14 SHEEJA S., AGED 52 YEARS, ENDOSCOPY TECHNICIAN, KHRWS,
MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDING AT
KANNANKODU BUNGLOW, PARIPALLI P. O., KOLLAM - 691574.
15 CHITHRAKALA V., AGED 41 YEARS, JUNIOR LAB ASSISTANT,
KHRWS, ACR LAB, PALAKKAD, RESIDING AT ANANTHU BHAVAN,
THOONGAMPARA, KANDALA P. O., THIRUVANANTHAPURAM -
695512.
W.P(C).24077/2021
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BY ADV M.SREEKUMAR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KERALA HEALTH RESEARCH & WELFARE SOCIETY
REPRESENTED BY MANAGING DIRECTOR, GENERAL HOSPITAL
CAMPUS, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 035.
3 MANAGING DIRECTOR
KERALA HEALTH RESEARCH & WELFARE SOCIETY, GENERAL
HOSPITAL CAMPUS, VANCHIYOOR P.O., THIRUVANANTHAPURAM -
695 035.
OTHER PRESENT:
SC,M.AJAY, GP V.VENUGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).24077/2021
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JUDGMENT
Petitioners are employed in the service of the second respondent on
daily wages. Appointments to the service of the society have not been
brought under the purview of PSC. Petitioners claim that, they have
been continuing in service on daily wages for periods ranging from 11 to
25 years. According to them, only 58 among 585 employees of the
society are regular hands and the remaining employees are temporary
employees. Hence, pursuant to Ext.P3 decision of the governing body,
the third respondent has submitted Ext.P4 report regarding the material
particulars for regularization before the Government. The grievance of
the petitioner is that, first respondent has not considered Ext.P4 and
have not taken any decision thereon.
2. After hearing the learned counsel for the petitioners and the
learned Government Pleader, I am inclined to dispose of the Writ Petition
itself by directing the first respondent to take appropriate decision on
Ext.P4, as expeditiously as possible, at any rate, within a period of three
months from the date of receipt of copy of this judgment, after giving a
reasonable opportunity of being heard to two representatives of the
petitioners and also the representatives of the second and third
respondents, either physically or through online.
W.P(C).24077/2021
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
W.P(C).24077/2021
APPENDIX OF WP(C) 24077/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION
AND RULES AND REGULATIONS OF THE 2ND
RESPONDENT SOCIETY.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION (PAGE
NO.23) OF THE AGENDA NOTE OF 131ST MEETING
OF THE GOVERNING BODY.
Exhibit P3 TRUE COPY OF THE RELEVANT PORTION (PAGE
NO.37) OF THE MINUTES OF THE 131ST MEETING
OF THE GOVERNING BODY HELD ON 22.12.2020.
Exhibit P4 TRUE COPY THE REPORT DATED 30.01.2021
SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST
RESPONDENT ALONG WITH ANNEXURES.
