Dismissed

Dr.Stalin Kurian v. Government of Kerala

Kerala HC12 Mar 2019OP(KAT)/104/2019

Case brief

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What is this about?

In an Original Petition filed by Group V Medical Officers of the Homeo Health Centre, Special Component Plan, the High Court of Kerala dismissed the appeal against the Administrative Tribunal's order. The Court held that appointments were on a contract basis against non-sanctioned posts with no provisions for permanent status, and no error was perceived in the impugned judgment.

What did the court decide?

The Original Petition was dismissed.

Dr.Stalin Kurian Vs Government of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE A.M.BABU

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TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940

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OP(KAT).No. 104 of 2019

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AGAINST THE ORDER/JUDGMENT IN OA 2335/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 03-01-2018

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PETITIONER/S:

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1 DR.STALIN KURIYAN AGED 52 YEARS S/O C.P KURIAN, MEDICAL OFFICER, HOMOEO HEALTH CENTRE (SPECIAL COMPONENT PLAN), CHITTANDA, KOTTAPURAM P.O.,ERUMAPETTY-VIA, THRISSUR DISTRICT-680 667. RESIDING AT CHERIYANKANDATH HOUSE, MANGAD, KOTTAPURAM P.O. THRISSUR, KERALA-680 667

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2 DR. KRISHNA SANKAR J, AGED 29 YEARS S/O P.S. JANARDHANAN, MEDICAL OFFICER, HOMOEO HEALTH CENTRE (SCP), KUMARANELLUR, WADAKKANCHERY P.O., THRISSUR DISTRICT 680 582 . RESIDING AT PAYYAPPAT HOUSE, KONCHERY ROAD, M.G.KAVU P.O.,THRISSUR DISTRICT 680 581, KERALA.

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BY ADV. SRI.MILLU DANDAPANI

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RESPONDENT/S:

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1 GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001, KERALA.

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2 THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM-695 023, KERALA.

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3 THE DISTRICT MEDICAL OFFICER (HOMOEO), LALOOR, ELTHURUTHU P.O.THRISSUR-680 611,KERALA.

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OP(KAT).No. 104 of 2019

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4 DR. REMADEVI A.G, AGED 47 YEARS W/O LATE VENUGOPAL K.R, MEDICAL OFFICER, HOMEO HEALTH CENTRE (SCP), KODASSERY, KUTTICHIRA P.O.CHALAKUDY-VIA, THRISSUR DISTRICT-680 724..RESIDING AT KEEZHARA HOUSE, MELOOR P.O.,CHALAKUDY-VIA, THRISSUR, KERALA-680 311.

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5 DR. SAJNA M.S AGED 33 YEARS D/O M.K.SADANANDAN, MEDICAL OFFICER, HOMOEO HEALTH CENTRE (SCP)PARIKKAD, ADAT PANCHAYAT, PURANATTUKARA P.O.,THRISSUR DISTRICT-680 551.RESIDING AT KOUSTHUBHAM, POTTORE P.O.,THRISSUR DISTRICT-680 581, KERALA

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6 DR. JASMIN M.M. AGED 30 YEARS D/O ISMAIL M.H, MEDICAL OFFICER, HOMEO HEALTH CENTRE (SCP), PUNNAMPARAMB COLONY, THEKKUMKARA P.O.,THRISSUR DISTRICT-680 589.RESIDING AT FLAT NO B2, 1ST FLOOR, CENTRAL PARK APARTMENT, CHUNGAM P.O.,POOTHOLE, THRISSUR DISTRICT-680 004, KERALA.

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7 DR. ROSE DEEPTHY G, AGED 37 YEARS D/O C GEORGE MATHEW, MEDICAL OFFICER, HOMOEO HEALTH CENTRE (SCP), THIRUTHIPARAMBA COLONY, ANNALOOR P.O.,ALOOR, THRISSUR DISTRICT-680731.RESIDING AT PLOT NO 49, HILL GARDENS ANCHERY P.O.THRISSUR DISTRICT- 680 006, KERALA.

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8 DR. KIRAN ANTONY, AGED 30 YEARS S/O T.A ANTONY, MEDICAL OFFICER, HOMOEO HEALTH CENTRE (SCP), MARATHAKKARA, MARATHAKKARA P.O.PUTHUR, THRISSUR DISTRICT-680306. RESIDING AT THERUKATTIL INCHAMUDIKKARAN HOUSE, KOORKKANCHERY P.O., OLLUR VIA, THRISSUR DISTRICT- 680 007, KERALA

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SRI. ANTONY MUKKATH -GOVERNMENT PLEADER

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(KAT).No. 104 of 2019

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JUDGMENT

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V.CHITAMBARESH, J.

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The appointments of the petitioners were on contract basis. The appointments were not against sanctioned posts. No permanent appointment is contemplated under the Scheme. The petitioners cannot therefore aspire to cling on to the posts. The issue is already concluded in OP (KAT) No.125/2017 filed by similarly placed persons. We do not find any error in the impugned judgment passed by the Tribunal.

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The Original Petition is dismissed.

Sd/-

V.CHITAMBARESH

JUDGE

Sd/-

A.M.BABU

SKS/12.3.2019

JUDGE

OP(KAT).No. 104 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION OA NO 2335/2017 ALONG WITH ITS ANNEXURES. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 3.1.2018 IN OA NO 2335/2017 EXHIBIT P3 TRUE COPY OF THE ORDER BEARING NO A2/142/2018/DMT DATED 22.3.2018 BY WHICH STEPS WERE TAKEN TO APPOINT DOCTORS AT VARIOUS HOMEOPATHIC HEALTH CENTRES ON A CONTRACT BASIS.

Dr.Stalin Kurian v. Government of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Stalin Kurian v. Government of Kerala

Case brief

What is this about?

What did the court decide?

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