Disposed

Ajith S v. State of Kerala

Kerala HC12 Jan 2016WP(C)/35652/2015

Case brief

AI extract

What is this about?

The petition challenged the termination of his temporary appointment as a driver. The court held that while regularization was not applicable, the petitioner could not be terminated until a regular employee joined or vacancies were notified under the Employment Exchanges Act.

What did the court decide?

Petitioner to be continued till a regular hand joins duty or appointment is made as per the Act; writ disposed.

Ajith S Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937

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WP(C).No. 35652 of 2015 (F)

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PETITIONER:

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AJITH S., AGED 37 YEARS, S/O.SASIDHARAN, THOTTATHUVILA VEEDU, PLAVODU, PULIMATH P.O. THIRUVANANTHAPURAM DISTRICT - 695 612.

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BY ADV. SRI.J.JAYAKUMAR

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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3. THE DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PNCHAYATH THIRUVANANTHAPURAM - 695 001.

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4. PULIMATH GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PULIMATH, THIRUVANANTHAPURAM DISTRICT - 695 612.

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R4 BY ADV. SRI.A.KRISHNAN BY GOVERNMENT PLEADER SMT. M.J. RAJASREE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35652 of 2015 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1TRUE COPY OF THE RELEVANT PAGE OF MINUTES BOOK OF THE 4TH RESPONDENT PANCHAYATH.

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EXHIBIT P2TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

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EXHIBIT P3TRUE COPY OF GRIEVANCE APPLICATION SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA IN THE YEAR 2004 BY THE TRADE UNION, REPRESENTING THE PETITIONER.

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EXHIBIT P4TRUE COPY OF GOVERNMENT ORDER DATED 9-7-2015.

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EXHIBIT P5TRUE COPY OF THE ORDER DATED 7-9-2015 & 7.10.2015 IN WPC NO. 26884/2015 OF THIS HONOURABLE COURT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

JJJ

K. VINOD CHANDRAN, J.

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W.P.(C) No. 35652 of 2015(F)

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Dated this the 12^th day of January, 2016

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J U D G M E N T

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The petitioner is said to have been appointed as

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a Driver in the 4^th respondent Panchayath, after public notification and process of selection. It is admitted that the petitioner's appointment was temporary. The petitioner's prayer for regularisation cannot be considered since the petitioner was appointed only as a temporary worker. However, the petitioner cannot be terminated and another temporary hand appointed. The petitioner would be continued till a regular hand joins duty or the respondents make appointment as provided in the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.

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The writ petition is disposed of.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 12/1/16

Ajith S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajith S v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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