IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35741 of 2008(E) -------------------------------------- PETITIONER(S): ----------------------- 1. THOMAS THOMAS, AGED 44, MUTTATHUMALIYIL HOUSE, ARPPOOKKARA P.O., KOTTAYAM. 2. SHAMALAMMA.K.V., CHATHAMKANDOM, VILLOONNI P.O., KOTTAYAM. 3. CHELLAMMA P.V., PANAYATHIL HOUSE, KARIPPATHATTU P.O., KOTTAYAM. 4. MARYKUTTY VARKEY, MURIKKAL, ARPOOKKARA P.O., KOTTAYAM. 5. AMMINI.A.M, ANJANAMKUZHIYIL HOUSE, ARPPOOKKARA, KOTTAYAM. 6. USHAKUMARI.K.A., KAKKASSERIL, ARPPOKKARA P.O., KOTTAYAM. 7. SARASAMMA P.G., KAKKASSERIL, GANDHI NAGAR P.O., KOTTAYAM. 8. VIJAYAMMA.P.N., SOMASADANAM, VELLOOR P.O PAMPADY. 9. MINIMOL.K.K., VADAKKANADU VEEDU, GANDHI NAGAR P.O., KOTTAYAM. 10. ELSAMMA C.J., ROSE HOUSE, ARPOOKKARA P.O., KOTTAYAM. 11. SANTHAMMA K.N., KALLAMPARAYIL, S.H.MOUNT P.O., KOTTAYAM. 12. SHAMALAKUMARI.T.G., THAZHATHEKUTTU, KUMARANALLOOR P.O., KOTTAYAM. W.P.(C) NO.35741/2008 13. ALICE JOHN, PUTHETTU HOUSE, THELLAKAM P.O., KOTTAYAM. 14. NIRMALA RAJAN, AASARIKALA, POOZHIKKONE P.O., KADUTHURUTHY. 15. RATHNAMMA N.D., THATTAMPARAMBIL, ARPPOOKKARA P.O., KOTTAYAM. 16. SINDHU VIJAYAN, POTTAYIL, KUMARANELLOOR P.O., KOTTAYAM. 17. THULASI P.P, MURUKAVILASOM, VILLOONNI P.O., KOTTAYAM. 18. BEENA THOMAS, MUTTATHUMALIYIL, ARPPOOKKARA P.O., KOTTAYAM. 19. ISHAMMA M.K., POOKKALAYIL, VILLOONNI P.O., KOTTAYAM. 20. MOLY KARUNAKARAN, PURAVANTHANAM HOUSE, MANARKADU P.O., KOTTAYAM. 21. SHANTHAMMA RAJU, PONMALETHEKKEMALA, AMALAGIRI P.O., KOTTAYAM. 22. SREEDEVI M.C., THATTATTU PUTHANPURAYIL, MALAKUNNAM P.O., CHENGANASSERI. 23. KUSUMA KUMARI, PUTHIYATTIL, ARPPOOKKARA P.O.,KOTTAYAM. 24. SREELEKHA P.P., PUTHETTU HOUSE, NATTASSERY P.O., KOTTAYAM. 25. ACHAMMA JOSEPH, CHETTIYADATH, VELLOOR P.O., KOTTAYAM. 26. JAISAMMA JOSEPH, VETTIKUZHIL, KANAKKARI P.O., KOTTAYAM. 27. SATHI THANKACHAN, PULICHAKKAL, PUTHANCHANTHA P.O., VAKATHANAM. 28. GEETHAMMA A.G., VISHNU NIVAS, GANDHI NAGAR, KOTTAYAM. W.P.(C) NO.35741/2008 29. DEEPA.P.N., PUTHUPARAMBIL, VELLOOR P.O., KOTTAYAM. 30. PREETHI.P.T., PUTHANPARAMBIL, KUMARAKAM P.O., KOTTAYAM. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, GOVT.MEDICAL COLLEGE KOTTAYAM. 4. THE PRINCIPAL, GOVT. MEDICAL COLLEGE, KOTTAYAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 35741 of 2008 ----------------------------- Dated this 3rd day of December, 2008 JUDGMENT Heard Sri.Johnson Manayani, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioners are casual employees working in the Medical College, Kottayam. Petitioners 1 to 4 claim that they are working since 1984, petitioners 5 to 17 claim that they are working since 1983, petitioners 18 to 20 claim that they are working since 1987, petitioners 21, 24 and 25 claim that they are working since 1997, petitioners 23 and 26 claim that they are working since 1999, petitioners 27and 28 claim that they are working since 1998, the 29th petitioner claims that she is working since 2001 and the 30th petitioner claims that she is working since 2000. 3. The petitioners are working as Dobies/Sweepers/Helpers in the Medical College Hospital, Kottayam. The petitioners submit that they are being paid wages at the rate of Rs.100/- per day. They submit that their services are necessary and essential in the Medical College Hospital. The grievance voiced by them is that though they wpc/35741/2008 2 have been engaged for the past several years, steps have not been taken to regularise them in service. In this writ petition the petitioners inter alia pray for a writ in the nature of mandamus commanding the respondents to regularise them in service. 4. The question whether the petitioners can be regularised in service having regard to their long and continuous service in the Medical College Hospital, Kottayam is primarily a matter for the Government to decide. Three among the petitioners have filed Ext.P4 representation before the Secretary to Government, Health and Family Welfare Department claiming regularisation in service. In this circumstances, I dispose of the writ petition with the following directions:- (i)The petitioners shall within one month from today file an appropriate representation before the Secretary to Government, Health and Family Welfare Department setting out their grievances. (ii)The Secretary to Government, Health and Family Welfare Department shall within three months thereafter consider the said representation and take a decision thereon having regard to the fact that petitioners are being engaged for wpc/35741/2008 3 the past several years and also having regard to the fact that without Dobies/Sweepers/Helpers, the Medical College Hospital cannot be effectively run. (iii)Till such time, the respondents shall permit the petitioners to continue in service the petitioners as is being done today. One among the petitioners whom they may nominate as their representative shall also be heard before final orders are passed in the matter. P.N.RAVINDRAN, JUDGE bps