Kerala High Court
Prajeesh Joseph vs The Managing Director Kerala Health ... on 24 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 27645 OF 2018
PETITIONER/S:
PRAJEESH JOSEPH
CATH LAB TECHNICIAN,
THE GOVT. MEDICAL COLLEGE,
THIRUVANANTHAPURAM, RESIDING AT
KULANGARAPARAMBIL (H), BRAHMAMANGALAM P.O.
KOTTAYAM
BY ADV AJITH PRAKASH C.S.
RESPONDENT/S:
1 THE MANAGING DIRECTOR
KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS),
REGISTERED OFFICE, GENERAL HOSPITAL CAMPUS,
RED CROSS ROAD,
THIRUVANANTHAPURAM, PIN - 695035
2 THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE,
THRIUVANANTHAPURAM, PIN - 695011
3 PROFESSOR AND HEAD OF THE DEPARTMENT
DEPARTMENT OF CARDIOLOGY
,MEDICAL COLLEGE HOSPITAL,
THRIVANANTHAPURAM, PIN - 695011
SRI. K. M. FAISAL, G. P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.27645 of 2018
2
EASWARAN S. , J.
-------------------------
W.P.(C) No.27645 of 2018
-----------------------------------
Dated this the 24th day of May 2024
JUDGMENT
The petitioner states that in the year 2005, his name was
sponsored by the Employment Exchange to the post of Cath Lab
Technician in the Government Medical College, Thiruvananthapuram,
and, on the basis of the same, he was selected in the year 2005 on
daily wages by the Kerala Health Research and Welfare Society
(KHRWS). Being aggrieved by Ext.P9 report issued by the 1 st
respondent to the Principal, the Government Medical College
Thiruvananthapuram to revisit the terms of the engagement of the
petitioner on contract basis, the petitioner had approached this
Court with the following reliefs:
i) To call for the records leading to Ext.P9 and quash
the same after declaring it as illegal, arbitrary in
the eye of law;
ii) To issue a Writ of Mandamus or any other
appropriate Writ, Order or direction directing 1 st
respondent to recall Ext.P9 order and pass
appropriate order for the continuance of the
petitioner as a Cath Lab Technician in the Cath
Lab of KHRWS;
2. While admitting this writ petition, this Court has passed
an interim order on 17.8.2018 which reads as follows:
" Admit.
xxxx
There shall be a direction to the respondents to
allow the petitioner to continue in case there is
requirement in Cath Lab."
3. When the matter is taken up for consideration, Sri.C.S. Ajith
Prakash, the learned counsel appearing for the petitioner contended
that Ext.P9 report has absolutely no factual basis. Even under
Ext.P10, there has been a recommendation by the Department of
Cardiology, Government Medical College and Hospital,
Thiruvananthapurm, to have the service of the petitioner continued
because of his expertise in the field.
4. On the other hand, the learned counsel for the 1 st
respondent, submitted that, subsequent to the filing of the writ
petition, the contract of the petitioner has been subsequently
extended from time to time and the petitioner is continuing. It is
also submitted that the present contract is valid till August 2024.
5. In view of the above submission, I find that the order,
Ext.P9 which is challenged in this writ petition has worked itself out.
The first respondent has since extended the contract of the
petitioner and is free to proceed in accordance with the law and
engage the petitioner as and when such a requirement is made.
Liberty is, however, reserved to the petitioner if, in case the
situation warrants and any of the petitioner's rights are infringed, to
approach this Court in an appropriately constituted proceeding.
Sd/-
EASWARAN S.,
JUDGE
NS
APPENDIX OF WP(C) 27645/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF DIPLOMA
IN CARDIAC LABORATORY TECHNOLOGY ISSUED TO
THE PETITIONER BY SREE CHITHIRA THIRUNNAL
INSTITUTE FOR MEDICAL SCIENCE AND
TECHNOLOGY THRIUVANANTHAPURAM
EXHIBIT P2 A TRUE COPY OF THE B.SC DEGREE CERTIFICATE
ISSUED BY M.G UNIVERSITY
EXHIBIT P3 A TRUE COPY OF THE FIRST APPOINTMENT
LETTER DATED 14.10.2005 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE
KHRWS, MD CONTAINING THE DIRECTION TO
RENEW THE CONTRACT OF EMPLOYMENT.
EXHIBIT P5 A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER ISSUED BY THE SBI BANK FOR THE
PERIOD 1.1.2018 TO 9.8.2018 SHOWING THE
RECEIPT OF SALARY.
EXHIBIT P6 A TRUE COPY OF THE MODEL AGREEMENT FOR
CONTRACT OF SERVICE.
EXHIBIT P7 A TRUE COPY OF THE IDENTITY CARD ISSUED BY
THE PRINCIPAL OF THE MEDICAL COLLEGE TO
THE PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 9.8.2018
ISSUED BY THE MD.KHRWS TO THE PETITIONER.
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED NIL SENT BY
THE MD, KHRWS TO THE PRINCIPAL MEDICAL
COLLEGE, THRIUVANANTHAPURAM.
EXHIBIT P10 A TRUE COPY OF THE LETTER
LR.NO.97/CARDIO/GMCT-2018 DATED 10.8.2018
SENT BY THE PROFESSORS OF THE CARDIOLOGY
DEPARTMENT, MEDICAL COLLEGE
THRIRUVANANTHAPURM TO THE MD,KHRWS.
