The Court dismissed a writ petition filed by a former temporary employee seeking continuance in service after losing a local body election. The Panchayat terminated his employment voluntarily. The Court held the petition lacked merit as the appointment was temporary and he suppressed his voluntary resignation.
Writ petition dismissed with no costs.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
W.P.(C).No.38441 of 2015 (E)
PETITIONER(S):
RAJEESH KUMAR G., AGED 39 YEARS, S/O.GOPALA KRISHNA PILLAI, MEENATHEL VADAKKATHIL, MALIBHAGAM, CHAVARA SOUTH P.O. KOLLAM DISTRICT-691584.
BY ADVS.SRI.BINU GEORGE
SMT.HEMALATHA.
RESPONDENT(S):-
R1 BY SENIOR GOVERNMENT PLEADER SRI.M.A.FAYAZ. R2 BY ADVS. SRI.P.K.VIJAYAMOHANAN
SRI.NISHIL.P.S.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.38441 of 2015 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:-
EXT.P1A TRUE COPY OF PROVISIONAL RANK LIST DATED 10/4/2013.
EXT.P3A TRUE COPY OF THE ADVERTISEMENT IN MALAYALA MANORAMA DAILY DATED 12/12/2015. EXT.P4A TRUE COPY OF JUDGEMENT DATED 10/11/2010 IN WP(C) 33987/2010.
EXT.P5A TRUE COPY OF MEDICAL OBSERVATION DATED 9/6/2015. EXT.P6TRUE COPY OF LETTER DATED 8.1.2016.
RESPONDENT(S)' EXHIBITS:-
NIL.
Vku/[ true copy ]
K. Vinod Chandran, J --------------------------------------W.P.(C).No.38441 of 2015-E
Dated this the 13th day of January, 2016
JUDGMENT
The petitioner had approached this Court with a contention that the petitioner, who was appointed as a temporary employee, was sought to be terminated by the 2nd respondent-Panchayat.
WP(C).No.38441 of 2015 - 2 -
being relieved of his duties temporarily. It is admitted that the petitioner was appointed in a temporary post. The petitioner, admittedly, severed himself from the temporary service and then having contested the election and having failed to get elected, sought for continuance on the basis of Exhibit R2(b) on 09.12.2015.
going on. Further a selection has been proceeded with; the interview in which is scheduled to tomorrow, the 14.01.2016.
WP(C).No.38441 of 2015 - 3 -
a temporary employee, having left the services of the Panchayat, has no right to be continued especially when another person was appointed when the petitioner left the services of the 2nd respondent, that too voluntarily. There can be no keeping away from the employment temporarily, since the appointment itself was on temporary basis.
For all the above reasons, the writ petition is found to
be devoid of merit and the same is dismissed. No costs.
Sd/K.Vinod Chandran Judge.
vku/-
[ true copy ]
3 issues framed by the court
Whether a temporary employee who voluntarily left services and failed to get elected has a right to be re-confirmed.
Whether an interim order mandating continuance of services can be enforced when the employee is not in employment at the time.
Whether a temporary appointment can be kept open during elections merely because services were rendered voluntarily before.
Rajeesh Kumar G.
State of Kerala
Thekkum Bhagam Grama Panchayath
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
