A. SATHYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal under Sec. 5(i) of the Kerala High Court Act, 1958 is directed challenging the judgment of the learned Single Judge dtd. 4/4/2005 in W.P(C) No.18190 of 2024.

(2.) The appellant-petitioner herein filed the Writ Petition(c)No.18190 of 2024 invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India to issue a writ of certiorari and to quash Ext.P7 Government order dtd. 8/5/2024 on the ground that the said order was issued by the 1 st respondent State without considering Ext.P2 to P4, as directed in Ext.P6 judgment dtd. 15/3/2024 in W.P.(c)No.6337 of 2024 and to declare that daily wage employees under the Hospital Development Society (HDS) in the hospitals under the 2nd respondent Director of Homeopathy, including the appellant- petitioner are eligible and entitled for enhancement of age of superannuation from 56 years to the age of 65 years, as granted to their counterparts in the Health and Family Welfare Department, vide Ext.P2 Government order dtd. 2/8/2018 and to declare that appellant-petitioner is eligible to continue till the completion of age of 65 years or in the alternative upto the age of 60 years in accordance with Rule 60(b) of Part III of the Kerala Service Rules (KSR). The appellant-petitioner has also sought for a writ of mandamus commanding the 1st respondent State to consider and dispose of Ext.P5 representation dtd. 6/2/2024 made by him within a time frame.

(3.) Appellant's-petitioner's case in the writ petition was that he is an ex-service man who was working as a Security Guard on daily wages under the HDS at the Government Ayurveda College Hospital, Thiruvananthapuram and he is continuing as such from 20/4/2012 onwards. He is due to retire on attaining the age of 56 years, on 31/3/2024. By the order dtd. 30/1/2015, the age limit of the daily wage employees under the HDS in the Government Ayurveda College Hospital was enhanced to 60 years, based on the decision in the General Body held on 14/1/2015. But subsequently, the said order was cancelled by the 1 st respondent State, vide Government order dtd. 8/9/2016. On the formulation of AYUSH department, Ayurveda came under the said department. Government issued Ext.P2 order dtd. 2/8/2018 enhancing the age of daily wage employees working under HDS in the Health Department by 65 years. Since the AYUSH Department was already segregated from the Health Department, the benefit of the said order was not made available to those working under the HDS in Government Ayurveda College Hospital, though they were identically placed as their counterparts in the Health Department. The 2nd respondent had requested the 1st respondent to enhance the retirement age of daily wage employees working under the HDS in the Ayurveda College Hospital also. According to the appellant, as the contract staff of the HDS in the Health Department is eligible to continue till he attains the age of 65 years, the same criteria is applicable to the appellant and he is eligible to continue till 65 years. In W.P.(c) No.6337 of 2024, filed by the appellant, this Court had directed the 1st respondent State to consider the representation made by the appellant in the light of Exts.P2 to P4 and to pass a decision and not to implement the same for a week if it is decided to terminate him from the service of the HDS. According to the appellant, 1st respondent passed Ext.P7 order dtd. 8/5/2024 rejecting the representation without considering any of the contentions raised by him.