The High Court of Kerala dismissed a Writ Appeal filed by the State of Kerala challenging the regularisation of a watchman’s employment for a period of one year and two months under a leave vacancy, noting a file delay of 237 days.
The delay condonation petition and the Writ Appeal are dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 2ND DAY OF FEBRUARY 2012/13TH MAGHA 1933
WA.No. 128 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN WPC.2844/2009 DATED 29-03-2011
APPELLANT(S)/RESPONDENTS 2 TO 4 IN THE WPC:
1. STATE OF KERALA
2. THE DIRECTOR OF COLLEGIATE EDUCATION
3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
BY ADV. GOVERNMENT PLEADER
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1, 5 & 6:
1. KOYA.K.K.
2. THE MANAGER, M.A.M.O. COLLEGE, MANASSERY, MOKKAM, PIN - 673 602.
3. MOHAMMED M.K., LIBRARY ASSISTANT, M.A.M.O.COLLEGE, MANNASSERY, MOKKAM, PIN - 673 602.
4. ABITHA M., LGS, M.A.M.O. COLLEGE, MANNASSERY MOKKAM, PIN - 673 602.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ.
.................................................................... C.M.Appln.No.66 of 2012 in W.A.No.128 of 2012 & W.A.No.128 of 2012
Dated this the 2nd day of February, 2012.
J U D G M E N T
Ramachandran Nair, J.
This Writ Appeal is filed by the State with an inordinate delay of 237 days. Since the delay should not deny a legitimate claim of the Government, we heard the case on merit as well during hearing the delay condonation petition.
Challenge is only against regularisation in the employment granted to a last grade employee for a little over one year. The State without any contest regularised his employment for the period prior to this period and thereafter also. We do not find any merit in the challenge against the judgment of the learned Single Judge upholding the entitlement of the 1st respondent for regularisation of one year and two months service during which he served in leave vacancy. Consequently, the delay condonation petition as well as the Writ Appeal are dismissed.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P. JOSEPH, JUDGE)
jg
1 issue framed by the court
Whether the Writ Appeal challenging the regularisation of a last-grade employee’s employment for a period of over one year deserves allowance.
State of Kerala
Koya.K.K.
C.N. Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
