DEEPUMON.P Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been working as an Operation Theatre Technician at Government Taluk Hospital, Valiyakunnu, Attingal, Chirayinkeezhu Taluk, Thiruvananthapuram, with effect from 1/7/2016 on a contract basis. Even after rendering eight years of service, there is no hope for the petitioner to get himself regularized as there is no substantive post created for Operation Theatre Technician in the said Taluk Hospital. The petitioner has approached this Court in the present writ petition seeking a writ of mandamus commanding the respondents to create the post of Operation Theatre Technician and Anesthesia Specialist Technician in Government Medical Colleges and Hospitals.

(2.) It is a policy decision by the Government to create the post, and the petitioner cannot seek a writ of mandamus for the creation of posts inasmuch as the petitioner does not have a right in that respect.

(3.) Be that as it may, the petitioner has been working for more than eight years in the said post, though on a contract basis, which would be enough to conclude that the work of Operation Theatre Technician and Anesthesia Specialist Technician is of a permanent nature. Therefore, the Government must take a policy decision for the creation of the post of Operation Theatre Technician and Anesthesia Specialist Technician in Government Medical Colleges and Hospitals. These posts cannot be manned on a contract basis.