JOY M.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are the applicants before the Kerala Administrative Tribunal (hereinafter referred to as 'the Tribunal' for short). They were working as hospital attendants Grade II in the various hospitals on daily wage basis. They approached the Tribunal seeking the following reliefs:

(2.) THE petitioners are working as Hospital Attendants Grade II in the Kerala Last Grade Service in various Hospitals/Primary Health Centres under the Health Services Department in Pathanamthitta District. In the year 2006, the DMO initiated steps for terminating their services. Aggrieved by the same, few of the petitioners had approached this Court by filing the writ petition. Though this Court dismissed the writ petition, there was a direction to continue the petitioners in service till regular hands are appointed or for one month. It is their further case that this court modified the earlier judgment to the effect that the employees might be allowed to continue till a new set of daily wage employees join duty, even if their date of joining duty is beyond the period of one month. While so, the DMO, Pathanamthitta as per order dated 4/11/2011 appointed 14 part -time contingent employees from the seniority list. The petitioners were either thrown out of service or were threatened with termination even though regular hands had not been appointed. Feeling aggrieved by the same, the petitioners approached the Tribunal by filing O.A. No.17/2011, which came to be rejected vide Annexure A1. The petitioners filed O.P.(KAT) No.156/2012 against Annexure A1. The Division Bench of this Court passed Annexure A2 order. Paragraphs 7 and 8 of the said order reads as follows:

(3.) WE notice that when hundreds of persons are waiting in the queue in the Employment Exchange it is quite unfortunate that without filling up the vacancies on a regular basis, temporary engagements are made giving rise to unnecessary claims. Therefore, the third respondent is directed to fill up the vacancies in the cadre of Hospital Attendant Grade II in Pathanamthitta district on a regular basis as provided under Rule 5 of the Special Rules for Last Grade Servants, in the light of the direction of the Division Bench of the Hon'ble High Court quoted by us in para two of this order. Respondents 1 and 2 shall ensure that the third respondent does this without delay.