Age restriction on contract employees must align with government directives allowing continuation until age 65.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 24^TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948 WP(C) NO. 10882 OF 2026 PETITIONER:

A.SATHYAN,AGED 57 YEARS S/O C. AYYAPPAN, ANANTHABHAVAN, CHIRAYILKONAM, VETTINAD, VATTAPARA PO, THIRUVANANTHAPURAM, PIN - 695028 BY ADVS.

SHRI.T.C.KRISHNA SMT.ASHA S.V SHRI.GOKUL KRISHNA RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF HOMEOPATHY DIRECTORATE OF HOMEOPATHY, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023

3 THE CHAIRMAN/DISTRICT COLLECTOR HOSPITAL DEVELOPMENT COMMITTEE, GOVERNMENT AYURVEDA COLLEGE HOSPITAL, THIRUVANANTHAPURAM, PIN - 695001

4 THE SUPERINTENDENT, GOVERNMENT AYURVEDA COLLEGE HOSPITAL, AYURVEDA COLLEGE HOSPITAL JUNCTION THIRUVANANTHAPURAM, PIN – 695002 GP SRI.VENUGOPAL V.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

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W.P.(C) No.10882 of 2026 .................................................................

Dated this the 24^th day of March, 2026

JUDGMENT

Petitioner has approached this Court seeking to quash the condition in Ext.P2 appointment order dated 13.02.2026 restricting the petitioner’s service to the age of 58 years in the light of Ext.P1 Government Order, which permitted the employees on contract basis under the AYUSH Department to continue till the age of 65 years.

2. Learned Government Pleader submits that on an earlier occasion the petitioner has approached this Court by filing W.P.(C) No.18190 of 2024, wherein his request for continuance on contract basis was declined by this Court, but granting liberty to the Department to engage him on contract basis depending upon the availability of work and his conduct and performance. Though an appeal was preferred against the same, it was dismissed.

3. Petitioner submits that Ext.P1 is a subsequent order issued, wherein the contract employees under the AYUSH Department were permitted to continue till they attained the age of 65 years. Petitioner submits that he is attaining the age of 58 years on 31.03.2026 and that he is entitled to continue based on Ext.P1.

Taking into consideration the above facts and circumstances, I am of the view that the issue regarding the continuance of the petitioner has to be considered by the 4^th respondent. In view of the above, the above writ petition is disposed of with the following directions:

Petitioner shall make necessary request before the 4^th respondent claiming the benefit of Ext.P1 Government Orders within a period of two weeks from the date of receipt of a copy of the judgment. On receipt of such a request, the 4^th respondent shall take a decision on the same within a period of two months thereafter, after affording an opportunity of being heard to the petitioner. Till a decision is taken as directed above, the petitioner shall be permitted to continue in service under the Hospital Development Society.

Sd/-

VIJU ABRAHAM JUDGE cks APPENDIX OF WP(C) NO. 10882 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF G.O.(RT) NO.578/2025/AYUSH DATED 29.10.2025 Exhibit P2 TRUE COPY OF THE ORDER BEARING FILE NO.AVCH/759/2025-B DATED 13.02.2026 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.(C)

NO.28143 OF 2025 DATED 30.07.2025 Exhibit P4 TRUE COPY OF THE LETTER ISSUED UNDER THE RTI ACT DATED 17.12.2025 (FILE NO.A1/1065/2025/AVC/H) FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED

29.01.2026 IN W.P.(C) NO.25877/2024