Petition challenging termination and seeking retent order for daily wage security guard; court held appointment was contractual and dismissed prayers but assured consideration of new application.
Prayers for quashing proceedings and compelling retent were dismissed. Petitioner to submit new application for consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 26TH DAY OF SEPTEMBER 2022 / 4TH ASWINA, 1944 WP(C) NO. 11000 OF 2022
PETITIONER:
ANILKUMAR AGED 48 YEARS SECURITY WORKER, KANJIRAMKULAM KNM GOVERNMENT AYURVEDA MARMA HOSPITAL, KANJIRAMKULAM. BY ADVS. K.P.SANTHI TARA PREM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, HEALTH DEPARTMENT,GOVERNMENT OF KERALA, TRIVANDRUM695001.
2 HOSPITAL MANAGEMENT COMMITTEE GOVERNMENT AYURVEDA MEDICAL HOSPITAL,KANJIRAMKULAM, THIRUVANANTHAPURAM-695524-REPRESENTED BY ITS PRESIDENT.
3 CHIEF MEDICAL OFFICER, GOVERNMENT AYURVEDA MARMA HOSPITAL, KANJIRAMKULAM, THIRUVANANTHAPURAM-695524.
BY ADVS. D.KISHORE R.MURALEEKRISHNAN (MALAKKARA)
BY SUNIL KUMAR KURIAKOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11000 OF 2022
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JUDGMENT
Dated this the 26th day of September, 2022
This writ petition is filed seeking the following reliefs:
“i)Issue a writ of certiorari or such other writ, direction or order quashing Exhibits P1 to P3 as arbitrary, illegal and unjust; ii)Issue a writ of mandamus or such other writ, direction or order compelling the respondent 2 and 3 to retain the petitioner in service; iii)Declare that the petitioner is eligible and entitled to be retained in service.”
2. Heard the learned counsel for the petitioner, the
learned Government Pleader as well as the learned counsel appearing for the 2nd respondent
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is submitted that a notification has also been issued on 21.03.2022, inviting applications for various posts including the post held by the petitioner. It is contended by the learned counsel for the petitioner that the services of one group of daily wage employees is being substituted by another group and that the said action is illegal.
Having considered the contentions advanced on
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either side and in view of the contention raised by the respondents that the appointment of the petitioner was purely contractual in nature, I am of the opinion that the prayers as sought for cannot be granted. However, in case the petitioner submits the applications pursuant to Exhibit P2, the petitioner's claim for appointment shall be duly considered by the respondents.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/26/09
WP(C) NO.11000 OF 2022
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PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS C41/2022 DATED 23-3-2022 OF THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE NOTIFICATION DATE 21-32022 OF THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE RESOLUTION DATED 14.3.2022 OF PANCHAYATH.
2 issues framed by the court
Whether the petitioner is entitled to be retained in service as a security guard on daily wages.
Whether the termination proceedings are arbitrary, illegal, and unjust.
Anilkumar
State of Kerala
Hospital Management Committee
Chief Medical Officer
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
