K.S.SOMASEKHARA PILLAI Vs. PRINCIPAL
LAWS(KER)-2020-8-626
HIGH COURT OF KERALA
Decided on August 24,2020

K.S.Somasekhara Pillai Appellant
VERSUS
PRINCIPAL Respondents

JUDGEMENT

- (1.)This Writ Petition is filed challenging Exts.P6 and P7 orders alleging that those orders are contradictory. Petitioners had been working in the erstwhile Co-operative Academy of Professional Education, Kerala. The said institution was taken over by Government and the College was renamed as Government Medical College, Ernakulam. Regarding staff who were working under the erstwhile Academy several orders were passed relating to their continuance, on contract basis, absorption under the Government etc. Ext.P7 order which is under challenge in this Writ Petition, was issued by the Principal informing that the petitioners have attained the age of superannuation even before 17.12.2013 on which day the Medical College was brought under the control of the Government. It was stated that service of the petitioners would be treated on contract basis with effect from 17.12.2013. It was also stated that the proposal for fixing their salary on contract basis was under consideration of Government and petitioners have to execute bonds with the Principal on or before 05.08.2015 regarding excess payment.
(2.)On the basis of the interim orders petitioners are continuing, though they have crossed the retirement age long back even as per the service conditions in the erstwhile academy.
(3.)The respondents have filed counter affidavit in 2017 itself supporting the impugned orders pointing out the retirement age under the Government.


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