Anuradha S.P vs State Of Kerala
2024 Latest Caselaw 17500 Ker

Kerala High Court

Anuradha S.P vs State Of Kerala on 21 June, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE EASWARAN S.
   FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                      WP(C) NO. 9533 OF 2018
PETITIONES:

    1     ANURADHA S.P.
          AGED 31 YEARS
          31 YEARS, D/O. SATHIKUMARI AMMA O.,"SAFALYA",
          PUTHENVEEDU, MUZHUTHIRIYAVATTOM, PALLIPPURAM P.O.,
          THIRUVANANTHAPURAM DISTRICT-695316.
    2     DEEPUMON
          AGED 32 YEARS
          32 YEARS, S/O. PUSHPANGADHAN, KARIPPURAKKONATHU
          VEEDU, MANJAMALA, MANJAMALA P.O.,
          THIRUVANANTHAPURAM DISTRICT-695313.
          BY ADVS.
          SRI.T.H.ABDUL AZEEZ
          SRI. AJMAL V. A.
          SRI.A.MOHAMED BASHEER MANGALAPURAM


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2     DIRECTOR OF MEDICAL EDUCATION
          MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.
    3     DIRECTOR OF HEALTH SERVICES
          NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM-695001.


          Sri. Binoy Davis, G. P.



   THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
     21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
                            FOLLOWING:
 WP(C) NO.9533 OF 2018

                                      2


                             JUDGMENT

The petitioners are working in Operation Theatre

Technician in Cardio Thorasic and Vascular Surgery (CVTS)

Department in Medical College, Thiruvananthapuram. The 2 nd

petitioner is also working as an Operation Theatre Technician

at Government Taluk Hospital, Valiyakunnu, Attingal,

Chirayinkeezhu. Their essential grievance in this Writ Petition

is that a post of Operation Theatre Technician be created and

the same may be reported to the Public Service Commission

by Direct Recruitment. For the said purpose, Ext.P8 series of

representations are also filed.

2. When the Writ Petition is came up for consideration

today, the learned Government Pleader has placed before this

Court, a copy of the Government Order G.O(MS)

No.179/2018/H&FWD Dated 13.09.2018, by which the

qualification and method of appointment to the post of

Theatre Technician under Medical Education Service has being

formulated. Therefore, according to the learned Government

Pleader, the grievance of the petitioners stands redressed. WP(C) NO.9533 OF 2018

3. Prima facie, the said Government Order would

redress the grievance of the petitioners. Therefore, there will

be no purpose served directing the 1st respondent to take a

decision on Ext.P8 series of representation.

However, I close this Writ Petition with liberty to the

petitioners to approach the 1st respondent if any subsisting

grievance is there, which is not interest in the Government

Order dated 13.09.2018. The petitioner can also addressed

the 1st respondent with regard to any subsisting grievance

regarding their service conditions, in which they are

presently working.

Sd/-EASWARAN.S JUDGE lsn WP(C) NO.9533 OF 2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DIPLOMA CERTIFICATE WITH MARK LIST ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE DIPLOMA CERTIFICATE WITH MARK LIST ISSUED TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE PROSPECTUS APPROVED BY THE GOVT. VIDE G.O. (RT) NO.

1963/2013 H & FWD DATED 6.6.2013. EXHIBIT P4 TRUE COPY OF THE LETTER FROM PROF. DR.

LINNET J. MORIS TO THE D.M.E. EXHIBIT P5 TRUE COPY OF THE NOTIFICATION GAZETTE DATED 31.07.2013.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 20.8.2016 OF D.M.E. TO SRI. MOHANAN. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 7.7.2017 IN O.A. NO. 659/2017 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONERS BEFORE THE CHIEF SECRETARY OF KERALA.

EXHIBIT P8(A) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE THE GOVERNMENT.

EXHIBIT P8(B) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE THE D.M.E. EXHIBIT P8(C) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE DIRECTOR OF HEALTH SERVICES.

EXHIBIT P8(D) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE GOVERNMENT.

EXHIBIT P8(E) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE WP(C) NO.9533 OF 2018

DIRECTOR OF HEALTH SERVICES.

EXHIBIT P8(F) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE D.M.E.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN