Kerala High Court
Suresh Babu.S vs State Of Kerala on 5 June, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(C) NO. 12252 OF 2025
PETITIONER:
ANIL KUMAR
AGED 55 YEARS
S/O.KRISHNAN NAIR,T.C.27/1832(3),RISHIMANGALAM,
THIRUVANANTHAPURAM, PIN - 695035
BY ADV SRI.S.NIKHIL SANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT, AYUSH
DEPARTMENT ,GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION
SANTHINAGAR,PULIMOODU,THIRUVANANTHAPURAM, KERALA,
PIN - 696001
3 THE CHAIRMAN/DISTRICT COLLECTOR
HOSPITAL DEVELOPMENT COMMITTEE,GOVERNMENT
AYURVEDA COLLEGE HOSPITAL,THIRUVANANTHAPURAM, PIN
- 695001
4 THE SUPERINTENDENT
GOVERNMENT AYURVEDA COLLEGE HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695002
5 THE PRINCIPAL
GOVERNMENT AYURVEDA COLLEGE HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695002
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
2
SRI. BIMAL K. NATH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.06.2025, ALONG WITH WP(C).12591/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(C) NO. 12591 OF 2025
PETITIONER:
SURESH BABU.S
AGED 55 YEARS
S/O SUKUMARAN.K THACHANKARI VEEDU, TC 7/761,
MARUTHUMKUZHY, KANJIRAMPARA, THIRUVANANTHAPURAM-
WORKING AS ELECTRICIAN, GOVERNMENT AYURVEDA
COLLEGE, THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SHRI.G.SIVASANKAR
SMT.GAYATHRI S.B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, AYUSH
DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION
DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, AROGYA
BHAVAN, THIRUVANANTHAPURAM, PIN - 695001
3 THE CHAIRMAN/DISTRICT COLLECTOR
HOSPITAL DEVELOPMENT COMMITTEE, GOVERNMENT
AYURVEDA COLLEGE HOSPITAL, THIRUVANANTHAPURAM,
PIN - 695002
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
4
4 THE SUPERINTENDENT
GOVERNMENT AYURVEDA COLLEGE HOSPITAL, AYURVEDA
COLLEGE HOSPITAL JUNCTION THIRUVANANTHAPURAM, PIN
- 695002
SRI. BIMAL K. NATH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.06.2025, ALONG WITH WP(C).12252/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
5
T.R. RAVI, J.
--------------------------------------------
W.P(C). Nos. 12252 and 12591 of 2025
--------------------------------------------
Dated this the 5th day of June, 2025
JUDGMENT
The prayer in these writ petitions is for a direction
to the respondents to permit the petitioners to continue in
service till attaining the age of 65 years. A similar issue
was considered by a learned Single Judge of this Court in
WP(C) No.18190/2024. The learned Single Judge held that
the petitioner does not have any indefeasible right under a
contract for appointment or as per the Government Order
dated 02.08.2018 to remain in employment on a contract
basis till he attains the age of 65 years. The Court
considered the wording of the Government Order and held
that it is very much within the discretion of the Hospital
Development Committee/Hospital Development
Society/Hospital Management Committee, etc. to decide
whether a person could be continued on contract basis
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
under the National Health Mission after he has attained
the age of 56 years and permit him to continue in service
till the age of 65 years. The judgment of the learned Single
Judge was challenged in appeal as W.A.No.991/2025 and it
is submitted that the appeal has also been dismissed. The
counsel for the petitioners hence submits that the
discretion available to the authority may be kept open.
In the above circumstances, these writ petitions
are disposed of holding that the petitioners do not have any
indefeasible right under the contract to remain in
employment on contract basis till they attain the age of 65
years. It is however open to the respondents to consider
whether the petitioners can be continued in service
depending on the availability of the work and their conduct
and performance.
Sd/-
T.R.RAVI
JUDGE
LEK
2025:KER:39490
WP(C) NOS. 12252 and 12591 OF 2025
APPENDIX OF WP(C) 12591/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER
NO.B/1836/12/AVCH DATED 6/6/2012 ISSUED
BY THE 4TH RESPONDENT
Exhibit P1(a) THE ENGLISH TRANSLATION OF EXHIBIT P1
Exhibit P2 6) THE TRUE COPY OF GO (RT) NO.
2466/2018/H&FWD DATED 02-08-2018
Exhibit P3 THE TRUE COPY OF THE LETTER NO.
B/2040/2021/ACH DATED 03-01-2022 ISSUED
BY THE 4TH RESPONDENT TO THE PRINCIPAL
OF AYURVEDA COLLEGE THIRUVANANTHAPURAM
Exhibit P3(a) THE ENGLISH TRANSLATION OF EXHIBIT P3
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WP(C) NOS. 12252 and 12591 OF 2025
APPENDIX OF WP(C) 12252/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
BEARING NO:3428/18/AVCH DATED
30/10/2018 ISSUED BY THE 5 TH
RESPONDENT ALONGWITH ITS ENGLISH
TRANSLATION
Exhibit P2 TRUE COPY OF G.O(RT)NO:2466/2018/H&FWD
DATED 02/08/2018
Exhibit P3 TRUE COPY OF G.O(RT) NO.744/2019 H&FWD
DATED 22/03/2019
Exhibit P4 TRUE COPY OF G.O(RT) NO.169/2020 H&FWD
DATED 22/01/2020
Exhibit P5 TRUE COPY OF THE LETTER BEARING
NO:B/2040/2021/A.C.H DATED 03/01/2022
ISSUED BY THE 4TH RESPONDENT TO THE 5TH
RESPONDENT ALONG WITH ITS ENGLISH
TRANSLATION
Exhibit P6 TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE 1ST
RESPONDENT WITH COPY TO THE 3RD AND 4TH
RESPONDENT DATED 06/03/2025
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN W.P(C) NO.6337/2024
DATED 15/03/2024
