Petitioners, physically handicapped SC women employed as sweepers on a temporary 179-day basis, challenged their non-regularisation relying on a requisition alleged to be for permanent posts. The Court applied State of Karnataka v. Umadevi to dismiss the writ petition, holding the appointments were temporary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934
WP(C).No. 18658 of 2007 (U)
PETITIONER(S):
1. MONEY T.C., KUNNILCHARUVILA PUTHEN VEEDU, IKARAKONAM, KAKKODE P.O. PUNALUR.
2. RAJAMMA.V., CHARUVILA VEEDU, NELLIKKADU, EDATHARA P.O., KADAKKAL.
BY ADV. SRI.S.A.RAZZAK
RESPONDENT(S):
1. THE KERALA ELECTRICAL AND ALLIED ENGINEERING LTD. REPRESENTED BY ITS GENERAL MANAGER (P & A), KEL CORPORATE OFFICE, 7TH FLOOR, HOUSING BOARD BUILDING, PANAMAPALLY NAGAR, KOCHI - 36.
2. THE MANAGER (P & A) THE KERALA ELECTRICAL AND ALLIED ENGINEERING LTD. KUNDARA. 691 501, KOLLAM.
3. THE DIST.EMPLOYMENT OFFICER, KOLLAM.
4. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, INDUSTRIES DEPRARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.S.SREEKUMAR
BY GOVERNMENT PLEADER M/S MADHU BEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
WP(C).No. 18658 of 2007 (U)
APPENDIX
PETITIONERS' EXHIBITS:
| EXT.P1 | : | PHOTOCOPY OF KEL OFFICE ORDER DATED 16-11-1998 |
|---|---|---|
| EXT.P2 | : | PHOTOCOPY GOVERNMENT LETTER DATED 26--2007 |
| EXT.P3 | : | PHOTOCOPY RECRUITMENT PROCEDURE |
| EXT.P4 | : | PHOTOCOPY OF 1ST PETITIONER'S APPOINTMENT ORDER DATED 15-01-2007 |
| EXT.P5 | : | PHOTOCOPY OF 2ND PETITIONER'S APPOINTMENT ORDER DATED 15-01-2007 |
| EXT.P6 | : | PHOTOCOPY OF 1ST PETITIONER'S JOINING REPORT. |
| EXT.P7 | : | PHOTOCOPY OF 2ND PETITIONER'S JOINING REPORT |
| EXT.P8 | : | PHOTOCOPY OF 1ST PETITIONER'S DISABILITY CERTIFICATE |
| EXT.P9 | : | PHOTOCOPY OF 1ST PETITIONER'S SSLC PASS CERTIFICATE |
| EXT.P10 | : | PHOTOCOPY OF 1ST PETITIONER'S REGISTRATION CERTIFICATE |
| EXT.P11 | : | PHOTOCOPY OF 2ND PETITIONER'S DISABILITY CERTIFICATE |
| EXT.P12 | : | PHOTOCOPY OF 2ND PETITIONER'S SSLC CERTIFICATE |
| EXT.P13 | : | PHOTOCOPY OF 2ND PETITIONER'S REGISTRATION CERTIFICATE |
| EXT.P14 | : | PHOTOCOPY OF DISCHARGE CERTIFICATE DATED 21-7-07 ISSUED TO 1ST PETITIONER. |
| EXT.P15 | : | PHOTOCOPY OF RELIEVING ORDER DATED 21-7-07 ISSUED TO 2ND PETITIONER. |
RESPONDENTS' EXHIBITS:
ANNEXURE-I : TRUE OF REQUISITION MADE BY THE RESPONDENTS TO THE DISTRICT EMPLOYMENT OFFICER DATED 28-10-2006
/TRUE COPY/
P A TO JUDGE
MJL
**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.18658 of 2007
Dated this the 26th day of September 2012 J U D G M E N T
Petitioners are physically handicapped Scheduled Caste women who were employed as Sweepers cum Scavengers on a temporary basis. It is the case of the petitioners that though their appointments were made in terms of the rules by calling for applications from candidates sponsored through employment exchange and after conducting regular procedure for appointment, in the order issued it was indicated that the appointment was only for 179 days in terms of Exts.P4 and P5 which came to be challenged before this Court complaining that the intention was for appointment of the petitioners on regular basis. In fact, according to the learned counsel for the petitioners, the requisition given by respondents 1 and 2 was for appointment to the permanent vacancy and therefore there was no reason for having restricted the appointment to 179 days or make it on provisional basis.
W.P.C.No.18658/2007
2
requisition received from respondents 1 and 2. In fact, respondents 1 and 2 have filed along with their counter affidavit copy of the requisition stating that they had requested only for appointment of scavengers on temporary basis.
The writ petition is accordingly dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
W.P.C.No.18658/2007 3
W.P.C.No.18658/2007 4
2 issues framed by the court
Whether petitioners entitled to regularisation of temporary appointments as Sweepers cum Scavengers.
Whether the requirement from employment exchange was for permanent or temporary vacancies.
Colour shows how this judgement treated each authority
State of Karnataka v. UmadeviApplied¶35
State of Karnataka v. Umadevi [2006 (4) SCC 1] · Who else cites this
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As recorded by the court registry
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