CLEETUS JOHNS Vs. STATE OF KERALA

JUDGEMENT

(1.) Since the issue involved in both these writ petitions is the same they are taken up for consideration together and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.23268 of 2015.

(2.) The petitioners are staff Nurses working on contract basis in various hospitals in Idukki district. The hospitals come under the administrative supervision of the 3rd respondent. The petitioners are stated to have been appointed in 2010, 2011 and 2012 and it is their case that the engagement is on contract basis, which contract was extended year after year, with a days break in between, after an appraisal of their performance on a yearly basis. In the writ petition, the petitioners are aggrieved by the orders that were issued to them, terminating their services. It is their case that the termination order is against the provisions of the latest contract entered into with them which makes it clear that they can continue in the services of the National Health Mission upto 31.03.2017. They contend that, if during the period of the contract, their services have to be terminated, the same can only be done in accordance with the specific provisions of the contract, and not otherwise.

(3.) A counter affidavit has been filed on behalf of the respondents wherein it is stated as follows: