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2026 Supreme(Online)(Ker) 9382
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SATHYAMMA T.M. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 16917 OF 2023|WP(C) NO. 11276 OF 2023|WP(C) NO. 12295 OF 2023
For the Appellants/Petitioners: Sri.Liji.J.Vadakedom, Shri.Athul V. Vadakkedom, Smt.M.U.Vijayalakshmi, Sri.K.Jaju Babu (SR.), Sri.Brijesh Mohan
For the Respondents: Smt.Syrlaja S.L
Contract employees are entitled to continue service until age 65 according to applicable government orders.
Headnote:This judgment pertains to the writ petitions concerning the right of the petitioners employed as contract staff at a medical facility to continue in service until the age of 65, based on Government orders dated 02.08.2018 and 29.10.2025. The court found that the petitioners were entitled to this benefit and granted their request. This court thus held that the relevant Government Order permits such extensions for contract employees until the specified age of 65 years, leading to the conclusion that they are entitled to continue in service accordingly.
| Table of Content |
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| 1. background on employment and qualifications of petitioners. (Para 1 , 2) |
| 2. applicability of government orders to extend contract employment. (Para 3) |
JUDGMENT
The petitioners in these writ petitions were appointed as Theatre Helpers, Cleaning Staff, etc., by the Hospital Development Committees. The petitioners have filed these writ petitions seeking a declaration permitting them to continue in service till they attain the age of 65 years.
2. Heard Sri.Brijesh Mohan, the learned counsel for the petitioners in W.P.(C) No. 11276 of 2023 and W.P.(C) No. 12295 of 2023, and Sri.Athul V. Vadakkedam, learned counsel for the petitioner in W.P.(C) No. 16917 of 2023, as well as Smt. Sylaja S.L, the learned Government Pleader for the respondent herein.
3. The case of the petitioners is that though the petitioners were appointed as above on daily wages, they were entitled to continue up to the age of 65 years pursuant to the decision taken by the Government as per the Government Order dated 02.08.2018 produced as Ext.P7 in W.P.(C) No.11276 of 2023. A reading of the Government Order referred to above would show that those persons who were employed on contract basis by the Hospital Development Committees could work till they attained 65 years of age. The order as above has been issued specifically taking note of the fact that the maximum age up to which they can continue in service was not fixed till then. The petitioners were permitted to continue in service while admitting the respective writ petitions by orders issued by this Court. The learned counsel for the petitioners also relied on the Government Order dated 29.10.2025, wherein the benefit extended in the Government Order dated 02.08.2018 has also been referred, further extending similar benefits to the other employees who have been appointed on contract basis in the Ayush department.
4. Taking note of the Government Order dated
29.10.2025 wherein the benefit of Government Order dated 02.08.2018 has been extended to the contract employees like petitioners herein under the Ayush department, as well as considering the situation of the petitioners, I am of the opinion that the petitioners are also to be extended the benefit.
Therefore, these writ petitions would stand allowed, declaring that in view of the Government Order dated 02.08.2018, the respective petitioners would be entitled to continue in service till they attain the age of 65 years. Needless to say, the respective petitioners would not be entitled to claim regular registration on account of service as above. In view of the afore declaration, Ext.P7 in W.P.(C) No.16917 of 2023 denying the afore benefit would stand set aside.
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