MURALIDHARAN UNNITHAN P Vs. STATE OF KERALA

JUDGEMENT

(1.) APPLICANTS before the Kerala Administrative Tribunal are the petitioners herein. They approached the Tribunal on the allegation that they were working on daily wage basis in the post of Hospital Attendant Grade-II in Government Hospitals/Primary Health Centres in Pathanamthitta District. According to them, they were appointed by selection made through the District Medical Officer after inviting applications through paper publication. In fact, while attempts were made to terminate their services, they approached this Court by filing W.P(C).No.14034 of 2006, which was dismissed by judgment dated 30.5.2006. The said judgment has become final. Though the matter was taken in appeal, the Appellate Court held as follows:

(2.) IT is not in dispute that the petitioners were not appointed through the regular channel by invoking Rule 5 of the Kerala State and Subordinate Service Rules. It is also not in dispute that if persons are appointed under Rule 5 of the Special Rules, then the petitioners' opportunity will be lost. In that view of the matter, the Tribunal dismissed the application. Challenging the said order, this Writ Petition came to be filed.

(3.) IN paragraphs 6 of the counter affidavit filed by Mr.Saramma K.Mathew, Senior Superintendent, District Medical Office (Health), Pathanamthitta read as follows: