Kerala High Court
State Of Kerala, Represented By ... vs Babu P.T on 13 June, 2023
OP(KAT) No.161/2023 1 / 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
OP(KAT) NO. 161 OF 2023
AGAINST THE ORDER DATED 15.06.2017 IN OA 1583/2016 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONERS/RESPONDETS 1,3 TO 6 IN O.A.:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH &
FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN -
695001
2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, GENERAL
HOSPITAL JUNCTION, THIRUVANANTHAPURAM - 695 035.
3. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM - 695 011.
4. DISTRICT MEDICAL OFFICER (HEALTH), DISTRICT MEDICAL OFFICE, KOTTAYAM
-686 001.
5. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, GANDHINAGAR P.O.,
KOTTAYAM - 686 008.
RESPONDENTS/APPLICANTS & 2ND RESPONDENT IN O.A.:
1. BABU P.T., AGED 49 YEARS S/O. THANKAPPAN P.M., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
PUTHUPARAMBIL VEEDU, PUTHUPALLY P.O., KOTTAYAM, PIN - 686001
2. SUDHAKARAN N.M, AGED 49 YEARS S/O. MADHAVAN P.O., ATTENDANT, GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
NIRAVATHUPARAMBIL VEEDU, KALLARA SOUTH P.O., KOTTAYAM , PIN - 686611
3. RADHA M.R., AGED 49 YEARS, D/O. KUNJUMON K.K., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT ANCHANIYIL
HOUSE, CHAMBAKKARA P.O., KARUKACHAL, KOTTAYAM - 686 011.
4. AMBIKA P.V., AGED 50 YEARS, D/O. VISWAMBARAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT ARYAPPATTU
HOUSE, KEZHUVAMKULAM P.O., CHERPUNKAL VIA, PALAI, KOTTAYAM - 686
584.
5. VALSAMMA K., AGED 52 YEARS, W/O. SABU, ATTENDANT GRADE I, MEDICAL
COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT KOOTTUNKAL HOUSE,
THELLAKAM P.O., KOTTAYAM, PIN - 686630
6. SOLY M. SYMON, AGED 46 YEARS, S/O. WILLIAM T., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008 RESIDING AT
AANDUPARAMBILL HOUSE, VELLOOR P.O., KOTTAYAM, PIN - 686003
7. LEELA P.B., AGED 49 YEARS, D/O. VIJAYAN B., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT ONATTU
HOUSE, PALLIPURATHUSSERY P.O., VYKKOM, KOTTAYAM - 686 606.
8. SASIKUMARI K., AGED 49 YEARS, W/O. RAVEENDRAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT ONATTU
HOUSE, PALLIPURATHUSSERY P.O., VYKKOM, KOTTAYAM, PIN - 686606
OP(KAT) No.161/2023 2 / 10
9. GEETHAMMA T.G., AGED 49 YEARS, D/O. RADHAKRISHNAN P.G., ATTENDANT
GRADE I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
THUNDIYAL HOUSE, KURUVAMOOZHI, MANAKKULLOOR, KOTTAYAM, PIN - 686509
10. SHAJI C.M., AGED 47 YEARS, S/O. MADHAVAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
CHOOLIYIKKOTTIL HOUSE, ARUNOOTTIMANGALAM P.O., KADUTHURUTHY, PIN -
686604
11. SATHI T.S., AGED 49 YEARS, D/O. SAHADEVAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
VALAYAMCHIRA HOUSE, UDAYANAPURAM P.O., VYKKOM, KOTTAYAM, PIN -
686143
12. PRASANNA V.T., AGED 49 YEARS, D/O. THANKAPPAN NAIR, ATTENDANT GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
VATHAKKODATHU HOUSE, ERUMATHURUTH P.O., AAYAMKUDY, KOTTAYAM , PIN -
686613
13. RADHAMANY E.N., AGED 49 YEARS D/O. NEELAKANDAN, HOSPITAL, ATTENDANT
GRADE I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
PUTHENPURACKAL HOUSE, RAMPURAM BAZAR P.O., VELLILAPPILLY, KOTTAYAM -
686 613.
14. ASWATHY C.P., AGED 49 YEARS D/O. PEETHAMBARAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
CHELLITHARA HOUSE, CHEKKULAM SOUTH P.O., KOTTAYAM - 686 022.
15. MERCY JOSEPH, AGED 47 YEARS, D/O. GEORGE MATHAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT KAVUNKAL
HOUSE, MUNDATHANAM P.O., KAKKUZHA, KOTTAYAM - 686 541.
16. LATHA M.P., AGED 49 YEARS, D/O. K.V. VIJAYAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT MOOLAKKARA
HOUSE, MANJOOR P.O., KOTTAYAM , PIN - 686603
17. AYISHA K.S., AGED 49 YEARS, D/O. SAITHU MUHAMMED, ATTENDANT GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
INCHAKKATTU HOUSE, ERATTUPETTA P.O., KOTTAYAM - 686 121.
18. SAROJINI M., AGED 49 YEARS D/O. GOPALAN P., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KOLLAMPARAMBIL HOUSE, UDAYANAPURAM P.O., ITHIPUZHA, VYKKOM, KOTTAYAM
, PIN - 686143
19. SEENATHU A. KHADER, AGED 47 YEARS D/O. ABDUL KHADER, ATTENDANT GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KOLUTHUPARAMBIL HOUSE, CHEKKULAM SOUTH P.O., KOTTAYAM , PIN - 686022
20. MERCY GEORGE, AGED 47 YEARS, D/O. GEORGE, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT MEKKALAYIL
HOUSE, ADUKKAM P.O., THEEKKOYI, KOTTAYAM , PIN - 686580
21. AJITHA K.K., AGED 46 YEARS, W/O. MOHANAN K.G., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KANJIRAMKALAYIL HOUSE, ATHIRAMPUZHA P.O., MUNDAKAPPADAM, KOTTAYAM ,
PIN - 686562
22. SANTHAKUMARI V.P., AGED 49 YEARS, W/O. DIVAKRAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT VYLITHARA
HOUSE, SANTHIPURAM P.O., NEDUNGADAPPALLY, KOTTAYAM, PIN - 686545
23. MINI MOL M.R., AGED 46 YEARS, W/O. DILEEPKUMAR, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT MUNDAKKAL
OP(KAT) No.161/2023 3 / 10
HOUSE, KALLARA SOUTH P.O., KOTTAYAM - 686 545.
24. HASHIM M.M., AGED 46 YEARS , S/O. MUHAMMED KUNJU, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
CHITTADIYIL HOUSE, MARYATHURUTHU P.O., KUDAYAMPADI, KOTTAYAM , PIN -
686017
25. SATHI G., AGED 47 YEARS D/O. DEVAN, ATTENDANT GRADE I, MEDICAL
COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KIZHAKKEMANDOPPALLIL HOUSE, KULASHEKHARAPURAM P.O., VYKKOM, KOTTAYAM
, PIN - 686608
26. ASHAMOL R.B., AGED 39 YEARS, D/O. RAGHUKUMAR, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT FEMINA
HOUSE, VELLUR P.O., THIRUVATHUKKAL, KOTTAYAM , PIN - 686003
27. SHINY ZAKHARIYAS K.J., AGED 46 YEARS, W/O. FRANCIS, ATTENDANT GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KULATHIL HOUSE, PANACHIKAD P.O., POOVAM, CHANGHANASSERY, KOTTAYAM ,
PIN - 686102
28. SANTHOSH KUMAR V.A., AGED 45 YEARS, S/O. APPUKUTTAN, ATTENDANT
GRADE I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
VETTIMATTAM HOUSE, AMAYANNUR P.O., ORAVAKKAL, KOTTAYAM , PIN -
686019
29. VIJAYAKUMARI. M.V., AGED 45 YEARS, D/O. M.S. RAJAGOPAL, ATTENDANT
GRADE I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KAIPPADAPARAMBIL HOUSE, KARAPUZHA P.O., KOTTAYAM , PIN - 686003
30. BINDU K.V., AGED 43 YEARS, D/O. DINESAN, ATTENDANT GRADE I, MEDICAL
COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT PUTHENPARAMBIL
HOUSE, KUMARAKOM P.O., KOTTAYAM , PIN - 686563
31. SHAHAZ M.B., AGED 44 YEARS, S/O. MUHAMMADALI, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
NELLIMALYIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM, PIN - 686562
32. AJIMON K.R., AGED 45 YEARS, S/O. RAVEENDRAN ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT ASHA
BHAVAN, VAZHOOR P.O., KODUNGHOOR, KOTTAYAM , PIN - 686504
33. SHANSY MOL P.R., AGED 43 YEARS, W/O. JASMON T.K., ATTENDANT GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
PARAYKKAL THAZHE HOUSE, PANGHADA P.O., PAMPADI, KOTTAYAM , PIN -
686502
34. SAJEEV KUMAR M.R., AGED 46 YEARS, S/O. RAMAKANIYAR, ATTENDANT GRADE
I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
MARANGHATTIL HOUSE, PADINJAREKKARA P.O., VALLAKAM, VYKKAM, KOTTAYAM
, PIN - 686146
35. PONNAMMA K.P., AGED 49 YEARS, W/O. HENQUIN R, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT KONITHARA
HOUSE, AKKARAPADAM P.O., VYKKAM, KOTTAYAM , PIN - 686143
36. SUDHA P.T., AGED 47 YEARS , D/O. THANKAPPAN P.A., ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KALLANPURAYIDAM HOUSE, AMAYANNUR P.O., KOTTAYAM , PIN - 686019
37. AJI C.G., AGED 46 YEARS, S/O. RAMESH, ATTENDANT GRADE I, MEDICAL
COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT VALAKATHIL HOUSE,
THIRUVATHUKKAL, KOTTAYAM - 686 003.
38. USHAKUMARI S., AGED 44 YEARS, D/O. SREEDHARAN, ATTENDANT GRADE I,
OP(KAT) No.161/2023 4 / 10
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
MADATHINACHIRA HOUSE, SANTHIPURAM P.O., KOTTAYAM, PIN - 686545
39. GIRIJA V.R, AGED 47 YEARS ,W/O. MAHADEVAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
VELLAPPALLIKUNNEL HOUSE, KURUMALUR P.O., KOTTAYAM - 686 632.
40. USHAKUMARI A.P., AGED 48 YEARS, D/O. THANKAPPAN K.K., ATTENDANT
GRADE I, MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT
KALATHILCHIRA HOUSE, PERUNNA P.O., CHANGHANASSERY, KOTTAYAM, PIN -
686102
41. NOUSHAD B., AGED 47 YEARS S/O. BADHARUDEEN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT BADHAR
MANZIL (CHAKKANATTU HOUSE), THIRUVARPPU P.O., KOTTAYAM, PIN - 686020
42. INDIRA P.V., AGED 51 YEARS, D/O. VELAYUDHAN, ATTENDANT GRADE I,
MEDICAL COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT MADHATHIL
PADINJAREKALAYIL HOUSE, THALAYAZHAM P.O., VYKKAM, KOTTAYAM, PIN -
686607
43. VIJAYA K.P., AGED 49 YEARS, D/O. PAPPAN, ATTENDANT GRADE I, MEDICAL
COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT PALAYKKAL HOUSE,
THALUNKAL P.O., KOOTTIKKAL, KOTTAYAM - 686 514.
44. PADMINI M.K., AGED 49 YEARS D/O. KUTTY, ATTENDANT GRADE I, MEDICAL
COLLEGE HOSPITAL, KOTTAYAM - 686 008, RESIDING AT NALLIKUDIYIL
HOUSE, NECHIPPUZHOOR P.O., PALA, KOTTAYAM - 686 574.
45. THE ACCOUNTANT GENERAL (A & E), M.G. ROAD, THIRUVANANTHAPURAM -695
039.
OP Kerala Administrative Tribunal praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to stay of all further proceedings in Ext. P3 Order
and all further proceedings in M.A. No. 1376 of 2019 in O.A.(EKM) 1583 of
2016 on the file of the Kerala Administrative Tribunal pending disposal of
the Original Petition (KAT).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(KAT) and this Court's order dated
05/04/2023 upon hearing the arguments of GOVERNMENT PLEADER, for the
petitioners and of SRI. RASHEED C.NOORANAD, Advocate for the Respondents
No. 1 to 43 the court passed the following:
OP(KAT) No.161/2023 5 / 10
ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
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O.P.(KAT) No.161 of 2023
[arising out of the impugned final order dated 15.06.2017 in O.A. (Ekm) No.1583/2016 on
the file of the KAT, Ekm Bench]
--------------------------------------------------------------------
Dated this the 13th day of June, 2023
ORDER
Heard Sri.Asok M. Cherian, learned Additional Advocate
General, instructed by Sri.Saigi Jacob Palatty, learned Senior
Government Pleader, appearing for the petitioners in the
O.P./respondents in the O.A., and Sri.K.P. Satheesan, learned Senior
Counsel, instructed by Sri.Nooranad C. Rasheed, learned counsel
appearing for the respondents in the O.P./ original applicants, for
some time.
2. After hearing the parties for some time, it appears that, the
instant Ext.P1, O.A. (Ekm) No.1583/2016, was filed before the Kerala
Administrative Tribunal, Ernakulam Bench on 18.10.2016. It appears
that the respondents in the O.A. petitioners herein have filed Ext.P2
statement dated 10.01.2017, in the above O.A. The said Ext.P2
statement is indeed a very short statement and only deals with the
basic facts relating to the order of regularisation given in favour of the
original applicants as per Anx.R6(a) and also deals with the
OP(KAT) No.161/2023 6 / 10
provisions contained in Rule 4(a) of the Kerala Last Grade Service
Special Rules relating to the methods of appointment to the post of
'Hospital Attendant', which is in the last grade service. Other than
that, no factual pleadings have been made by the respondents in the
O.A., either in Ext.P2 reply statement or in any other further statement
filed by them before the Tribunal. In other words, none of the
contentions now urged before us by the petitioners on the basis of
Ext.P.11 statement of facts dated 16.01.2009, said to have been
furnished by them in any one of the previous writ litigative
proceedings, namely, W.P.(C) No.32450 of 2008, filed by some of the
applicants herein before this Court, was ever brought before the notice
of the Tribunal in Ext.P1 O.A. proceedings. It appears that the specific
plea of the applicants was that the matter in issue is fully covered in
their favour by previous verdict of this Court as per Anx.A1 judgment
dated 09.09.2005, rendered by this Court in W.P.(C) No.2326 of 2003,
which is in relation to the 2003 appointments, as well as on the basis
of Anx.A6 verdict of the Division Bench of the Tribunal, rendered on
06.06.2012 in O.A. No.246 of 2012, which deals with similar cases of
appointments that occurred in the year 2000.
3. No contentions were urged before the Tribunal in the
present Ext.P1 O.A., that the factual scenario covered by Anxs.A1 & A6,
OP(KAT) No.161/2023 7 / 10
are not available in the present case. The Tribunal proceeded on the
premise that the factual issue is also identical to that involved in
Anxs.A1 & A6 verdicts and thus, ultimately, the Tribunal has rendered
Ext.P3 verdict on 15.06.2017. Incidentally, it is to be borne in mind
that when the previous writ litigation was pending in the year 2008,
the Government themselves have issued Ext.P7 order dated
15.04.2013, granting regualarisation of the services of these applicants,
but on a prospective basis. The Tribunal, by the instant Ext.P3 verdict,
rendered on 15.06.2017, has directed that benefits, on an anterior basis
should be given, while treating the case as if it was covered by Anxs.A1
& A6 verdicts.
4. Thereafter, the petitioners herein have not chosen to
challenge Ext.P3 verdict of the Tribunal by filing any O.P.(KAT) before
this Court at an earlier point of time. They faced proceedings for
implementation of the verdict before the Tribunal.
5. Several orders were passed by the Tribunal. It was only
then when further coercive steps were about to be taken by the
Tribunal for implementation of the impugned Ext.P3 verdict that the
petitioners have chosen to approach this Court, by filing the instant
O.P.(KAT) on 29.03.2023. It is thereafter that the petitioners, for the
first time, are raising their new contentions based on Ext.P11, etc., by
OP(KAT) No.161/2023 8 / 10
urging that the factual issue in the present case that lead to Ext.P3
verdict of the Tribunal is entirely different from that involved in the
previous verdicts as per Anxs.A1 & A6.
6. Dr.K.P. Satheesan, learned Senior Counsel, instructed by
Sri.Nooranad C. Rasheed, learned counsel appearing for the
respondents herein (original applicants), would urge that the challenge
of the petitioners should be repelled mainly on the ground of
inordinate delay and laches.
7. Per contra, the petitioners would urge that the period
during the COVID-19 Pandemic period could be excluded. Prima-
facie, even after such exclusion, it appears that, the delay is staring at
us.
8. After hearing the parties for quite some time, we suggested
to both sides as to whether 50% of the balance arrears due to the
original applicants, on account of Ext.P3 verdict of the Tribunal, could
be remitted to their provident fund account and said amounts may be
later paid after the retirement of the petitioners and the balance 50%
of the arrears could be paid to the original applicants in six
installments, etc. The original applicants are agreeable to the said
course of action.
9. Prima-facie, we feel that the delay involved in this case is
OP(KAT) No.161/2023 9 / 10
quite inordinate.
10. The competent authority of the State Government in the
Health & Family Welfare Department and the Finance Department as
well as the higher competent authorities, will furnish instructions to
the learned Additional Advocate General as to whether the
Government is agreeable to the said course of action.
11. The case is treated as part heard.
List on 06.07.2023.
Hand Over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C. JAYACHANDRAN,
JUDGE
Skk//15062023
OP(KAT) No.161/2023 10 / 10
APPENDIX OF OP(KAT) 161/2023
Exhibit P3 A COPY OF THE ORDER DATED 15.06.2017 IN O.A.(EKM) NO.
1583 OF 2016
