High Court Kerala High Court

Mary Kutty vs The State Of Kerala on 2 January, 2008

Kerala High Court
Mary Kutty vs The State Of Kerala on 2 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 207 of 2008(Y)


1. MARY KUTTY, D/O. JAINAMMA,
                      ...  Petitioner
2. AMBUJAKSHY, D/O. JANAMMA,
3. SUBHADRA, D/O. SUMATHY,
4. SUMATHY, D/O. NANI,
5. VASUNDHARA V., D/O. SATHI AMMA,
6. LEELA MANI, D/O. NEELI,
7. RAJU, S/O. PAUL,
8. REGHU, S/O. KOCHU KUNJU,

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OFFICE OF THE

3. THE DISTRICT MEDICAL OFFICER,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :02/01/2008

 O R D E R
                                   V.GIRI, J.
                      =========================
                         W.P.(C)NO.207 OF 2008
                      =========================
                   Dated this the 2nd day of January 2008

                                JUDGMENT

Petitioners contend that they were employed as Hospital

Attendants Grade II and they were appointed after a selection process

and after being sponsored by the Employment Exchange. Regular

recruitment to the post of Hospital Attendant Grade II can be made

from the candidates sponsored by the Employment Exchange also. But

this can only be in the absence of eligible persons in the contingent

service. Petitioners point out that several other similarly situated

persons engaged as Hospital Attendants Grade II,and whose services

were terminated were later reengaged and regularised in service.

Reference is made in this regard to Ext.P9 order. Petitioner’s claim is

one for parity of treatment.

2. In my view, if the petitioners are situated similar to the

persons who are included in the list appended to Ext.P9, then subject

to the availability of vacancies they are entitled to parity of treatment.

3. I have heard the Government Pleader Mr.Bejoy Chandran

also.

4. In the circumstances, the writ petition is disposed of

permitting the petitioners to file a detailed representation pointing out

W.P.(C)207/2008 2

these aspects before the first respondent within a period of one month

from today. If it is so done, then the competent authority of the first

respondent shall consider the claim in the light of Ext.P9 and in the

light of the directions issued by this Court in Vasanthy v State of

Kerala (2006(1) KLT 288) within a period of two months thereafter,

after hearing the petitioners.





                                        V.GIRI, JUDGE
css/

W.P.(C)207/2008    3