This writ petition seeking continuance in service after retirement was closed as infructuous. The court noted that a directory order existed for regularisation and the department had prepared a new list pending approval.
The writ petition was closed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937
WP(C).No. 7498 of 2011 (J)
PETITIONER(S):
1. LILLY ANTONY, HELPER, W/O.ANTONY, C.NO.79, ICDS KANJIKUZHY PROJECT, KANJIKUZHI.
2. CHINNAMMA.M., HELPER, W/O.PRABHAKARN, C.NO.108, ICDS KANJIKUZHY PROJECT, KANJIKUZHI.
3. KUNJAMMINI, WORKER, C.NO.7, W/O.KESVAN, ICDS KANJIKUZHY PROJECT, KANJIKUZHI.
4. INDIRA, WORKER, W/O.K.MOHANAN, C.NO.5, ICDS KANJIKUZHY PROJECT, KANJIKUZHI.
5. REETHAMMA A.K., WORKER, W/O.VINCENT SEBASTIAN, ICDS KANJIKUZHY PROJECT KANJIKUZHI.
6. SUSEELA.V., WOKER, CENTRE NO.50, ICDS KANJIKUZHY PROJECT, KANJIKUZHI.
7. ANANDAVALLY P.D., WORKER, ANANDA BHAVAN, MUTTATHIPARAMBU P.O., SREEKANDAMANGALAM CHERTHALA, ICDS KANJIKUZHY PROJECT, KANJIKUZHI.
BY ADVS.SRI.H.BADARUDDIN SMT.B.SHAMEERA
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SOCIAL WELFARE, DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-, 695001.
2. THE DIRECTOR OF SOCIAL WELFARE, DIRECTORATE OF SOCIAL WELFARE, VIKAS BHAVAN THIRUVANANTHAPURAM-695001.
3. CHILD DEVELOPMENT PROJECT OFFICER, ICDS, KANJIKUZHI PROJECT, KANJIKUZHI ALAPPUZHA, PIN 688 001.
R BY GOVERNMENT PLEADER SMT M J RAJASREE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. VINOD CHANDRAN, J
Dated this the 11th day of March, 2016
The petitioners had sought for continuance in service
after retirement. There was an interim order dated 10.03.2011, in which the petitioners were directed to be continued. The writ petition was filed on the basis of Exhibit P1 order in W.A.No.1528 of 2010 and connected cases. Exhibit P1 order directed that selection process for regular appointment should be expedited and on the regular hands joining duty, the retired hands who are continuing on contract basis would be terminated. In such circumstances, nothing further remains to be done in the above writ petition and there is already a judgment in W.P.(C) No.25614 of 2009 and connected cases, dated 24.07.2015, directing preparation of a new list for regularisation of Anganwadi Workers.
The learned Government Pleader submits that the same has been
WPC.No.7498/2011
: Page numbers :
prepared and it is pending approval by the Government. In such
circumstances, the petitioners' continuance can only be till a
regular hand is appointed as has been provided in Ext.P1.
infructuous. Writ petition is closed as infructuous.
Sd/(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
1 issue framed by the court
Whether to allow continuance in service petition for workers after retirement in light of existence of a regularisation order.
Colour shows how this judgement treated each authority
W.P.(C) No.25614 of 2009Referred¶25
LILLY ANTONY & ORS.
STATE OF KERALA
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
