Disposed

Achamma Joseph., v. the Department of Health and Family Affairs

Kerala HC16 Sept 2021WP(C)/19231/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by casual workers fearing termination at age 60. It directed petitioners to submit representations to the respondent department regarding order Ext.P3 within two months, instructing the department to decide expeditiously after hearing.

What did the court decide?

Petitioners directed to submit individual representations to the first respondent within two months; respondent to pass orders expeditiously after hearing.

Achamma Joseph., Vs the Department of Health… — Public Procurement and Tenders | Kerala HC (2021)

¶1

W.P(C).19231/2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶6

THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943

¶7

WP(C) NO. 19231 OF 2021

¶8

PETITIONER/S:

¶9

1 ACHAMMA JOSEPH., AGED 53 YEARS, W/O.C.M. JOSEPH, CHETTIYADATHU, VELLOOR P.O. KOTTAYAM 686 501.

¶10

2 MOHINI BABU, AGED 58 YEARS W/O. BABU, KUNUMPURATHE HOSUE, PEROOR P.O., ETTUMANOOR, KOTTAYAM 686 637.

¶11

3 SHYAMALA RADHAKRISHNAN, AGED 56 YEARS W/O. S. RADAKRISHNAN, MANNAMTHAN, KUNNEL HOUSE, KIDANGOOR SOUTH P.O., KOTTAYAM. 686 583.

¶12

4 THANKAMANI, AGED 58 YEARS, W/O. GEORGE, CHERUVIL HOUSE, AYAKUDYI P.O. KOTTAYAM 686 613.

¶13

5 OMANA SHIVARAJAN, AGED 56 YEARS W/O. SHIVARAJAN P.R., PUTHENCHIRAYIL HOUSE, VILLOONNI P.O., ARPOOKKARA, KOTTAYAM 686 008.

¶14

6 VIJAYAMMA, AGED 60 YEARS, W/O. HARI KUTTAN NAIR, KAROTTUPONGAVANA HOUSE, ARPOOKKARA, KOTTAYAM 686 008.

¶15

7 SOUDAMINI.M., AGED 59 YEARS, W/O. CHANDRABABU, PANNIKODE, KUMARAKAM SOUTH, KOTTAYAM 686 563.

¶16

8 KUNJUMOL. T. , AGED 58 YEARS, W/O.K.K. THAMBI, KONAKERIL CHIRA, ERAVINALLOR P.O. PUTHUPALLY, KOTTAYAM 686 011.

¶17

BY ADVS. BOBY THOMAS RESHMI JACOB PRIYADARSINI VINCENT

W.P(C).19231/2021

RESPONDENT/S:

1 THE DEPARTMENT OF HEALTH AND FAMILY AFFAIRS, SECRETARIAT ANNEX, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY.

¶22

2 GOVERNMENT MEDICAL COLLEGE KOTTAYAM, DEPARTMENT OF MEDICAL EDUCATION, KOTTAYAM MEDICAL COLLEGE, GANDI NAGAR KOTTAYAM, 686 008, REPRESENTED BY ITS MEDICAL SUPERINTENDENT.

¶23

3 HOSPITAL DEVELOPMENTAL COMMITTEE, KOTTAYAM MEDICAL COLLEGE, GANDHI NAGAR, KOTTAYAM 686 008, REPRESENTED BY ITS SECRETARY.

¶24

OTHER PRESENT:

¶25

GP SRI.V.VENUGOPAL

¶26

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).19231/2021

JUDGMENT

Petitioners are class-IV casual workers in the Government Medical College, Kottayam, presently working as cleaning staff in the Medical College. They apprehend that, they will be terminated on attainment of the age of 60 years. According to them, they are entitled to get the benefit of Ext.P3 order, by which, the period of similar competent employees can be extended upto 65 years. Apprehending that, petitioners are likely to be terminated and since 6^th petitioner is attaining the age of 60 years, all the petitioners, who are nearing 60, have approached this Court.

¶31

I feel that, they have got a grievance, that is liable to be considered by the first respondent. Having appreciated this, I am inclined to dispose of the Writ Petition itself at the threshold, after hearing the learned counsel for the petitioners and the learned Government Pleader, by directing the petitioners to submit individual representations before the first respondent, which is the Department of Health and Family Welfare [though referred to as Health and Family Affairs in the case title], within a period of two months from the date of receipt of a copy of this judgment. In the light of Ext.P3 order as well as the judgment of this Court in W.P(C).No.21768 of 2020, petitioners will be free to submit a copy of this writ petition before the

¶32

W.P(C).19231/2021

¶33

¶34

authority. It is made clear that, appropriate orders shall be passed as expeditiously as possible, at any rate, within a period of two months, after giving a reasonable opportunity to the representatives of the petitioners to be heard, either physically or by virtual mode.

¶35

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

W.P(C).19231/2021

PETITIONER EXHIBITS

Exhibit P1	THE TRUE COPY A9/2112/2017/MCHG	OF THE ORDER NO. DATED 26.12.2019.
Exhibit P2	THE TRUE COPY 695/E/2018/K.SKTM WITH TYPED COPY.	OF THE LETTER NO. DATED 25.04.2018 ALONG
Exhibit P3	TRUE COPY OF THE THE 3RD RESPONDENT	ORDER DATED 02.08.2018 OF ALONG WITH TYPED COPY.
Exhibit P4	THE TRUE COPY OF 21768/2020 DATED 1	THE JUDGEMENT IN WPC NO. 9/01/2021.
Exhibit P5	TRUE COPY OF TH 1300/2021/H & FWD	E ORDER G.O. (RT) NO. DATED 17/06/2021.

Achamma Joseph., v. the Department of Health and Family Affairs

Case brief

What is this about?

What did the court decide?

Achamma Joseph., v. the Department of Health and Family Affairs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Suseela Devi Vs the Travancore Devaswom Board

B.Jayakumar Vs the Kerala State Council for Science Technology and Environment (Kscste)

K.S.Sajeev Vs Chairman and Managing Director, Kerala State Civil Supplies Corporation Ltd. (Supplyco)

The Board of Directors of the Anthiyoor Service Co-Operative Bank Ltd. NO.1166 Vs C.Premakumar

P.S. Ratheesh Kumar Vs Travancore Devaswom Board

Sarojini.M.R., Vs the Department of Health and Family Affairs