This writ petition challenged the termination of a temporary employee after twenty years of service following a committee change. The court held that services found unsatisfactory justify termination without reliance on regularization recommendations.
Writ petition dismissed; no costs awarded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
W.P.(C).No.37720 of 2015 (L)
PETITIONER(S):
C.R.PRADEEP, AGED 42 YEARS, S/O.V.K.RAJAPPAN, SUJATHA BHAVANAM, MADAMON P.O., PATHANAMTHITTA DISTRICT, PIN - 689 711.
BY ADV. SRI.R.PUSHPANGATHAN PILLAI.
RESPONDENT(S):-
R1 TO R3 BY ADV. SRI.GEORGE POONTHOTTAM.
R4 BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.37720 of 2015 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1: | TRUE COPY OF THE CERTIFICATE NO.A6/3270/15 DATED 12.11.2015 ISSUED BY THE 3RD RESPONDENT. |
|---|---|
| EXT.P2: | TRUE COPY OF PETITIONER'S LINCENSE NO.3/1506/1993 DATED 16.10.2007. |
| EXT.P3: | TRUE COPY OF THE NEWSPAPER REPORT OF MATHRUBHUMI DAILY DATED 21.8.2015. |
| EXT.P4: | TRUE COPY OF THE LIST OF TEMPORARY LDV DRIVES WHO HAVE COMPLETED 10 YEARS OF SERVICE AS ON 30.6.2015. |
| EXT.P5: | DECISION DATED 3.3.23015 OF EMERGENCY MEETING HELD BY THE 1ST RESPONDENT PANCHAYAT COMMITTEE. |
| EXT.P6: | DECISION DATED 7.12.2015 OF EMERGENCY MEETING HELD BY THE 1ST RESPONDENT PANCHAYAT COMMITTEE. |
| EXT.P7: | ORDER NO.A6-01/2015/L.DIS. DATED 7.12.2015 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P8: | TRUE COPY OF THE REPRESENTATION DATED 1.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXT.P9: | TRUE COPY OF THE REPRESENTATION DATED 8.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. |
RESPONDENT(S)' EXHIBITS:-
NIL.
Vku/-
[ true copy ]
K. Vinod Chandran, J
--------------------------------------W.P.(C).No.37720 of 2015-L
Dated this the 13th day of January, 2016 JUDGMENT
The petitioner is aggrieved with the fact that the petitioner, who was continuing as a temporary employee for the last twenty years, has been terminated from the service of the respondent-Panchayat by Exhibit P7 order. The petitioner contends that the petitioner had been recommended for regularization as per Exhibit P5 and that the petitioner's present termination is only on the new committee having taken charge.
however, submits that the temporary employee has no right to be continued as such and termination was not effected on any allegation of misconduct; but on the reason that the services were not satisfactory.
WP(C).No.37720 of 2015
the services to be not satisfactory, was entitled to terminate the services of the employee, who was merely a temporary employee who could not have sought for continuance on the basis of a mere recommendation for regularization. The writ petition, hence, would
stand dismissed. No costs.
Sd/K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether a temporary employee can claim regularization upon a committee change when services were found unsatisfactory.
Whether the termination of a temporary employee with unsatisfactory services is maintainable without allegations of misconduct.
C.R. PRADEEP
RANNI PERUNADU GRAMA PANCHAYAT
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
