Sarojini.M.R vs The Department Of Health And ...
2021 Latest Caselaw 19440 Ker

W.P(C).19226/2021
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       WP(C) NO. 19226 OF 2021
PETITIONER/S:

     1       SAROJINI.M.R., AGED 62 YEARS, W/O.MOHANAN.K.,
             KARIUKACHERIL HOUSE, VILLOONNI P.O., AROPOO KARA,
             KOTTAYAM-686 008.

     2       SHANTHAMMA RAJU, AGED 62 YEARS
             W/O.RAJU, PONMALA, AMALAGIRI P.O., KOTTAYAM-686 561.

            BY ADVS.
            PRIYADARSINI VINCENT
            RESHMI JACOB
            BOBY THOMAS


RESPONDENT/S:

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

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

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


OTHER PRESENT:

             GP PARVATHY KOTTOL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).19226/2021
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                               JUDGMENT

Petitioners belong to class-IV casual worker in the Government

Medical College, Kottayam. They were issued with an order dated

26.12.2019 by the second respondent intimating that, they will be

terminated from service on 31.12.2019 on attaining the age of 60

years. According to the petitioners, though several representations

were given, they were not considered. They were relying on Ext.P3

Government Order, by which, it is directed that, retirement age can be

extended up to 65 years, which was confirmed by Ext.P4 judgment of

this Court. Petitioners seek the benefit flowing out of Exts.P3 and P4.

2. Having considered the limited grievance set up by the

petitioners, I am inclined to dispose of the Writ Petition itself by

directing the second respondent to consider Exts.P7 and P8

representations, in the light of Exts.P3 and P4 and specifically

consider whether the benefit can be extended in the case of

petitioners also. Appropriate orders shall be passed by the second

respondent within a period of two months from the date of receipt of a

copy of this judgment, after giving a reasonable opportunity of being

heard to the petitioners, either physically and if not possible, by

virtual mode.

W.P(C).19226/2021

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).19226/2021

APPENDIX OF WP(C) 19226/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO.A9/2112/2017/MCHG DATED 26.`2.2019.

Exhibit P2 THE TRUE COPY OF THE LETTER NO.696/E/2018/K.S.-KTM DATED 25.04.2018 ALONG WITH TYPED COPY.

Exhibit P3 TRUE COPY OF THE ORDER DATED 02.08.2018 OF THE 3RD RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WPC NO.21768/2020 DATED 19.01.2021.

Exhibit P5 TRUE COPY OF THE ORDER GO(RT) NO.1300/2021/H & FWD DATED 17.06.2021.

Exhibit P6 THE TRUE COPY OF THE COMMUNICATION DATED 08.07.2021 OF THE 2ND RESPONDENT CALLING FOR CONSTITUTING A MEDICAL BOARD.

Exhibit P7 TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER DATED 14.08.2021 ALONG WITH TYPED COPY.

Exhibit P8 TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER DATED 14.08.2021 ALONG WITH TYPED COPY.