Kerala High Court
Sheesa C.P, W/O Shiju A vs State Of Kerala on 4 April, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) 50 OF 2025 1 2025:KER:28911
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
OP(KAT) NO. 50 OF 2025
AGAINST THE ORDER DATED 30.01.2025 IN OA (EKM) NO.71 OF 2025
OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/APPLICANTS:
1 SHEESA C.P, W/O SHIJU A,
AGED 39 YEARS
ECG TECHNICIAN (CONTRACT BASIS)
MEDICAL COLLEGE HOSPITAL
KOZHIKODE -673008,
RESIDING AT KANIYATT THAZHAM VAYAL,
MORIKKRA P.O,KAKKODI,
CALICUT, KERALA, PIN - 673611
2 JIJI DASAN A.P., AGED 36 YEARS
W/O WREEJITH K.K,
ECG TECHNICIAN (CONTRACT BASIS)
MEDICAL COLLEGE HOSPITAL
KOZHIKODE -673008,
RESIDING AT MEKKALAYATH (H),
KUNNAMANGALAM (VIA),
PAYAMBRA (P.O), CALICUT,
KERALA, PIN - 673571
3 SHIJILA P, AGED 39 YEARS
W/O PRIYESH KUMAR,
ECG TECHNICIAN (CONTRACT BASIS)
MEDICAL COLLEGE HOSPITAL
KOZHIKODE -673008,
RESIDING AT SREEPRABHA (HO),
NARIKKUNI VAYAL, PERAMTHURATHI,
OP(KAT) 50 OF 2025 2 2025:KER:28911
ELATHUR (P.O) KOZHIKODE,
KERALA, PIN - 673303
4 RESHMA N.P, AGED 31 YEARS
W/O SIGEESH. O,
ECG TECHNICIAN (CONTRACT BASIS)
MEDICAL COLLEGE HOSPITAL
KOZHIKODE -673008,
RESIDING AT PAYYANA (H),
MAAYANAD (P.O),CHELAVUR,
KOZHIKODE, KERALA, PIN - 673008
5 PRAJISHA T.K,AGED 39 YEARS
W/O NANDIKESHAN. P,
ECG TECHNICIAN (CONTRACT BASIS)
MEDICAL COLLEGE HOSPITAL
KOZHIKODE -673 008,
RESIDING AT ANIKKATTUMAL (HO),
KUNNAMANGALAM (P.O),
PANTHEER PADAM (VIA)
KOZHIKODE, KERALA, PIN - 673571
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
CHINNU MARIA ANTONY
APARNA NARAYAN MENON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH & FAMILY WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF MEDICAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR OF HEALTH SERVICES,
THIRUVANANTHAPURAM, PIN - 695001
4 DISTRICT MEDICAL OFFICER,
2ND FLOOR, 5/283A, WAYANAD RD,
ERANHIPAALAM, MALABAR HOSPITAL,
CIVIL STATION, PALATTUTHAZHAM,
KOZHIKODE, KERALA, PIN - 673020
OP(KAT) 50 OF 2025 3 2025:KER:28911
5 PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE
KOZHIKODE, PIN - 673008
ADDL R6 CHAIRMAN HOSPITAL DEVELOPMENT SOCIETY
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE PIN 673008
ADDL R7 SUPERINTENDENT,
HOSPITAL DEVELOPMENT SOCIETY,
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE PIN 673008
ARE IMPLEADED AS PER ORDER DATED 6/02/2025 IN IA 1/2025
IN OP (KAT) 50/2025
BY ADV P.VANDANA
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) 50 OF 2025 4 2025:KER:28911
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
---------------------------------------------------------
OP(KAT).No. 50 of 2025
----------------------------------------------
Dated this the 4th day of April, 2025
JUDGMENT
A.Muhamed Mustaque.J
This original petition arises from an order passed by the
Tribunal in OA (Ekm) 71 of 2025, dated 30.01.2025. The petitioners
were appointed on a contract basis as ECG Technicians at Government
Medical College, Kozhikode. They approached the Tribunal,
apprehending their termination.
2. As revealed from the Original Application (Ekm) itself,
several other cases [OA (Ekm) Nos. 1427, 1597, 1728, and 1939 of
2017, and OA (Ekm) 1671 of 2019] are pending before the Tribunal on
the same issue, wherein the Tribunal had permitted the applicants
therein to continue. If that is the case, it would be appropriate for the
Tribunal to consider all the pending original applications together and
dispose of them accordingly
3. It is stated at the Bar that the interim order
OP(KAT) 50 OF 2025 5 2025:KER:28911
permitting the applicants therein is still in force. In view of the matter,
the impugned order is set aside. We direct that the original application
filed by the petitioners shall be considered along with other pending
original applications. Further, we permit the petitioners herein to
continue till a further decision is taken in the matter by the Tribunal.
4. The party respondents who have been impleaded shall
be formally impleaded by the petitioners herein within a week. If no
steps are taken for their impleadment, the interim order shall stand
vacated.
5. The parties shall appear before the Tribunal on
10.04.2025.
The Original Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk/4.4.
OP(KAT) 50 OF 2025 6 2025:KER:28911
APPENDIX OF OP(KAT) 50/2025
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE G.O. MS NO.119/90/H&WD DATED
23.05.1990 PRESCRIBING THE QUALIFICATION TO
THE POST OF ECG TECHNICIAN IN HEALTH SERVICES
DEPARTMENT ALONG WITH APPROXIMATE TYPED COPY.
ANNEXURE A2 TRUE COPY OF THE ORDER G.O.(MS)
NO.44/2017/H&FWD DATED 27.03.2017.
ANNEXURE A3 TRUE COPY OF THE LETTER DATED 12.06.2017
ISSUED BY THE DIRECTOR, DEPARTMENT OF
VOCATIONAL HIGHER SECONDARY SCHOOL TO THE
FIRST RESPONDENT ALONG WITH APPROXIMATE TYPED
COPY.
ANNEXURE A4 TRUE COPY OF ATTENDANCE REGISTER OF JANUARY
2025 SHOWING APPLICANT'S NAMES ALONG WITH
APPROXIMATE TYPED COPY.
ANNEXURE A5 TRUE COPY OF REQUISITION FORM
GMCKKD/3226/2023-E8 DATED 15.03.2024.
ANNEXURE A6 TRUE COPY OF ORDER IN OA(EKM)1597/2017 DATED
31.07.2017 PASSED BY THE KERALA
ADMINISTRATIVE TRIBUNAL.
ANNEXURE A7 TRUE COPY OF INTERIM ORDER DATED 17.12.2024
IN OA(EKM)1597/2017 PASSED BY THE KERALA
ADMINISTRATIVE TRIBUNAL.
ANNEXURE A8 TRUE COPY OF THE NOTICE
NO.HDS/MCH/KKD/3378/2023 DATED 21.10.2023 TO
THE 3RD APPLICANT.
ANNEXURE A9 TRUE COPY OF THE NOTICE
NO.HDS/MCH/KKD/3378/2023-HDS2 DATED
23.07.2024 ISSUED TO THE 4TH APPLICANT.
ANNEXURE A10 TRUE COPY OF THE NOTICE
NO.HDS/MCH/KKD/3378/2023-HDS2 DATED
23.07.2024 ISSUED TO THE 2ND APPLICANT.
ANNEXURE A11 TRUE COPY OF JUDGMENT DATED 16.01.2025 IN OP
OP(KAT) 50 OF 2025 7 2025:KER:28911
(KAT) 13/2025 PASSED BY THE HON'BLE HIGH
COURT.
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF
O.A(EKM)NO.71/2025 TOGETHER WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 16.01.2025 IN
O.P(KAT)NO.13/2025 PASSED BY THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.01.2025 IN
I.A.NO.1/2025 IN O.P(KAT)NO.13/2025 PASSED BY
THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.01.2025 IN
O.A(EKM)NO.71/2025 PASSED BY THE HON'BLE
TRIBUNAL.
EXHIBIT P5 TRUE COPY OF THE M.A. (EKM) NO. 159 OF 2025
FOR PRODUCING ADDITIONAL DOCUMENTS.
