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2025 Supreme(Online)(Ker) 58928

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
SUMA K.M. – Appellant
Versus
SUPERINTENDENT, PRATHYASA BHAVAN – Respondent


Advocates:
For the Appellants/Petitioners: SMT.SHABNAM SAIDALAVI
For the Respondents: ADV.SUNIL KUMAR KURIAKOSE GP

Sushrut Arvind Dharmadhikari, J.

The present intra court appeal under Section 5 of the Kerala High Court Act,1958 assails the judgment dated 20.11.2025 passed in WPC No.42602 of 2025 whereby the Writ Petition filed by the appellant has been dismissed.

2. The learned Single Judge held that the Writ Petition under Article 226 of the Constitution of India is not maintainable since the appellant is unable to show that Prathyasa Bhavan has independent legal status and that the appellant will have to approach the appropriate forum under the Administrative Tribunal’s Act, 1985 (for short ‘the Act 1985’), if there is any service grievance and dismissed the Writ Petition.

CONTENTION OF APPELLANTS

3. The learned counsel for the appellant contended that the appellant was working as Multi-Task Care Provider at Prathyasa Bhavan, Thrissur. She has been terminated vide Ext.P5 order by the first respondent herein. The appellant had challenged the said order in the Writ Petition. The learned counsel further contended that the appellant was engaged only as a casual/contractual labourer in the post of ‘Multi-Tax Provider’ and was not appointed to any civil post and is not governed by any statutory se

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