The Court held that terminated six-month appointees cannot seek continuance in service since they are no longer employed. However, the Employment Exchange may forward their names if vacancies are filled on a temporary basis.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR &
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
WEDNESDAY, THE 20TH AUGUST, 2008 / 29TH SRAVANA, 1930
OP.No. 17275 of 2000 (F)
PETITIONERS:
BY ADV. SMT.SARAH SALVY
SMT.SALI THOMAS
O.P.NO.17275 OF 2000
:-2-:
RESPONDENTS:
BY GOVT. PLEADER SMT.SMITHA.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/08/2008,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
(OP No. 17275 OF 2000)
PETITIONER'S EXHIBITS:
Ext.P3: Copy of petition submitted by the petitioners before respondents 1 to 3 dtd.1.4.2000.
-True Copy-
P.A.to Judge.
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
O.P.No. 17275 of 2000 - F
Dated this the 20th day of August , 2008
J U D G M E N T
Ramachandran Nair,J:
The prayer in the original petition is for permitting the petitioners to continue in service until replacement by regular hands. The petitioners are appointed for six months and on completion of six months period, they were terminated. Since petitioners are no longer in service, they cannot ask for continuance until replacement by the P.S.C.hands. However, if there are vacancies and the respondents propose to fill up the vacancies on temporary basis, the Employment Exchange can forward the petitioners' names depending on their eligibility and priority.
The Original Petition is disposed of as above.
C.N.RAMACHANDRAN NAIR, Judge
V.K.MOHANAN, Judge
MBS/
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
O.P.No. 17275 of 2000 - F
J U D G M E N T
DATED:20-8-2008
1 issue framed by the court
Whether petitioners appointed for six months can be permitted to continue in service until replacement by regular hands after their termination.
Reghuvaran.G. and others
State of Kerala
C.N. Ramachandran Nair
V.K. Mohanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
