OP(KAT) 50 OF 2025 1 2025:KER:28911 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(KAT) NO. 50 OF 2025 AGAINST THE ORDER DATED 30.01.2025 IN OA (EKM) NO.71 OF 2025 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM) PETITIONERS/APPLICANTS: 1 SHEESA C.P, W/O SHIJU A, AGED 39 YEARS ECG TECHNICIAN (CONTRACT BASIS) MEDICAL COLLEGE HOSPITAL KOZHIKODE -673008, RESIDING AT KANIYATT THAZHAM VAYAL, MORIKKRA P.O,KAKKODI, CALICUT, KERALA, PIN - 673611 2 JIJI DASAN A.P., AGED 36 YEARS W/O WREEJITH K.K, ECG TECHNICIAN (CONTRACT BASIS) MEDICAL COLLEGE HOSPITAL KOZHIKODE -673008, RESIDING AT MEKKALAYATH (H), KUNNAMANGALAM (VIA), PAYAMBRA (P.O), CALICUT, KERALA, PIN - 673571 3 SHIJILA P, AGED 39 YEARS W/O PRIYESH KUMAR, ECG TECHNICIAN (CONTRACT BASIS) MEDICAL COLLEGE HOSPITAL KOZHIKODE -673008, RESIDING AT SREEPRABHA (HO), NARIKKUNI VAYAL, PERAMTHURATHI, OP(KAT) 50 OF 2025 2 2025:KER:28911 ELATHUR (P.O) KOZHIKODE, KERALA, PIN - 673303 4 RESHMA N.P, AGED 31 YEARS W/O SIGEESH. O, ECG TECHNICIAN (CONTRACT BASIS) MEDICAL COLLEGE HOSPITAL KOZHIKODE -673008, RESIDING AT PAYYANA (H), MAAYANAD (P.O),CHELAVUR, KOZHIKODE, KERALA, PIN - 673008 5 PRAJISHA T.K,AGED 39 YEARS W/O NANDIKESHAN. P, ECG TECHNICIAN (CONTRACT BASIS) MEDICAL COLLEGE HOSPITAL KOZHIKODE -673 008, RESIDING AT ANIKKATTUMAL (HO), KUNNAMANGALAM (P.O), PANTHEER PADAM (VIA) KOZHIKODE, KERALA, PIN - 673571 BY ADVS. KALEESWARAM RAJ THULASI K. RAJ CHINNU MARIA ANTONY APARNA NARAYAN MENON RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF MEDICAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 3 DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN - 695001 4 DISTRICT MEDICAL OFFICER, 2ND FLOOR, 5/283A, WAYANAD RD, ERANHIPAALAM, MALABAR HOSPITAL, CIVIL STATION, PALATTUTHAZHAM, KOZHIKODE, KERALA, PIN - 673020 OP(KAT) 50 OF 2025 3 2025:KER:28911 5 PRINCIPAL, GOVERNMENT MEDICAL COLLEGE KOZHIKODE, PIN - 673008 ADDL R6 CHAIRMAN HOSPITAL DEVELOPMENT SOCIETY GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE PIN 673008 ADDL R7 SUPERINTENDENT, HOSPITAL DEVELOPMENT SOCIETY, GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOZHIKODE PIN 673008 ARE IMPLEADED AS PER ORDER DATED 6/02/2025 IN IA 1/2025 IN OP (KAT) 50/2025 BY ADV P.VANDANA SRI.A.J.VARGHESE, SR.GP THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT) 50 OF 2025 4 2025:KER:28911 A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ --------------------------------------------------------- OP(KAT).No. 50 of 2025 ---------------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT A.Muhamed Mustaque.J This original petition arises from an order passed by the Tribunal in OA (Ekm) 71 of 2025, dated 30.01.2025. The petitioners were appointed on a contract basis as ECG Technicians at Government Medical College, Kozhikode. They approached the Tribunal, apprehending their termination. 2. As revealed from the Original Application (Ekm) itself, several other cases [OA (Ekm) Nos. 1427, 1597, 1728, and 1939 of 2017, and OA (Ekm) 1671 of 2019] are pending before the Tribunal on the same issue, wherein the Tribunal had permitted the applicants therein to continue. If that is the case, it would be appropriate for the Tribunal to consider all the pending original applications together and dispose of them accordingly 3. It is stated at the Bar that the interim order OP(KAT) 50 OF 2025 5 2025:KER:28911 permitting the applicants therein is still in force. In view of the matter, the impugned order is set aside. We direct that the original application filed by the petitioners shall be considered along with other pending original applications. Further, we permit the petitioners herein to continue till a further decision is taken in the matter by the Tribunal. 4. The party respondents who have been impleaded shall be formally impleaded by the petitioners herein within a week. If no steps are taken for their impleadment, the interim order shall stand vacated. 5. The parties shall appear before the Tribunal on 10.04.2025. The Original Petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- P.KRISHNA KUMAR, JUDGE dlk/4.4. OP(KAT) 50 OF 2025 6 2025:KER:28911 APPENDIX OF OP(KAT) 50/2025 PETITIONERS ANNEXURES & EXHIBITS ANNEXURE A1 TRUE COPY OF THE G.O. MS NO.119/90/H&WD DATED 23.05.1990 PRESCRIBING THE QUALIFICATION TO THE POST OF ECG TECHNICIAN IN HEALTH SERVICES DEPARTMENT ALONG WITH APPROXIMATE TYPED COPY. ANNEXURE A2 TRUE COPY OF THE ORDER G.O.(MS) NO.44/2017/H&FWD DATED 27.03.2017. ANNEXURE A3 TRUE COPY OF THE LETTER DATED 12.06.2017 ISSUED BY THE DIRECTOR, DEPARTMENT OF VOCATIONAL HIGHER SECONDARY SCHOOL TO THE FIRST RESPONDENT ALONG WITH APPROXIMATE TYPED COPY. ANNEXURE A4 TRUE COPY OF ATTENDANCE REGISTER OF JANUARY 2025 SHOWING APPLICANT’S NAMES ALONG WITH APPROXIMATE TYPED COPY. ANNEXURE A5 TRUE COPY OF REQUISITION FORM GMCKKD/3226/2023-E8 DATED 15.03.2024. ANNEXURE A6 TRUE COPY OF ORDER IN OA(EKM)1597/2017 DATED 31.07.2017 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL. ANNEXURE A7 TRUE COPY OF INTERIM ORDER DATED 17.12.2024 IN OA(EKM)1597/2017 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL. ANNEXURE A8 TRUE COPY OF THE NOTICE NO.HDS/MCH/KKD/3378/2023 DATED 21.10.2023 TO THE 3RD APPLICANT. ANNEXURE A9 TRUE COPY OF THE NOTICE NO.HDS/MCH/KKD/3378/2023-HDS2 DATED 23.07.2024 ISSUED TO THE 4TH APPLICANT. ANNEXURE A10 TRUE COPY OF THE NOTICE NO.HDS/MCH/KKD/3378/2023-HDS2 DATED 23.07.2024 ISSUED TO THE 2ND APPLICANT. ANNEXURE A11 TRUE COPY OF JUDGMENT DATED 16.01.2025 IN OP OP(KAT) 50 OF 2025 7 2025:KER:28911 (KAT) 13/2025 PASSED BY THE HON'BLE HIGH COURT. EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF O.A(EKM)NO.71/2025 TOGETHER WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 16.01.2025 IN O.P(KAT)NO.13/2025 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.01.2025 IN I.A.NO.1/2025 IN O.P(KAT)NO.13/2025 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.01.2025 IN O.A(EKM)NO.71/2025 PASSED BY THE HON’BLE TRIBUNAL. EXHIBIT P5 TRUE COPY OF THE M.A. (EKM) NO. 159 OF 2025 FOR PRODUCING ADDITIONAL DOCUMENTS.