Writ appeal filed against a single's judgment dismissing a petition seeking quashment of casual sweeper's termination and directive for regularisation. The bench, relying on Umadevi, upheld the termination and dismissed the appeal as no illegality was found in dismissing the claim for regularisation.
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 C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 08TH DAY OF NOVEMBER 2018/17TH KARTHIKA, 1940
WA.No. 799 of 2018
AGAINST THE JUDGMENT IN WPC 23451/2016 of HIGH COURT OF KERALA DATED 14-11-2016
APPELLANT/PETITIONER:
SREEJA K K D/O.GOVINDAN NAMBIAR, AGED 41 YEARS, CASUAL SWEEPER,SREEKANDAPURAM GRAMA PANCHAYATH, SREEKANDAPURAM P.O.,SREEKANDAPURAM VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.
SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI
RESPONDENTS/RESPONDENTS:
1 SECRETARY, SREEKANDAPURAM MUNICIPALITY SREEKANDAPURAM.P.O.,TALIPARAMBA TALUK, KANNUR DISTRICT - 670 631.
R2,R3 BY GOVERNMENT PLEADER-SRI. ANTONY MUKKATH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
W.A.799/2018
2
JUDGMENT
Ravikumar, J.
This appeal is filed against the judgment dated 14.11.2016 passed by a learned Single Judge of this Court in W.P.(C).No.23451 of 2016. The appellant herein/petitioner therein filed the said writ petition seeking quashment of Ext.P2 order whereby her services were terminated. She was working as a Casual Sweeper from 6.5.2006 under the respondent panchayat. Pursuant to a resolution passed by the panchayat, her service was terminated with effect from 28.6.2016 and another person was engaged as Casual Sweeper from 29.6.2016 onwards. Pending consideration of the claim of the appellant/petitioner for regularisation, she was terminated from service. In such circumstances, seeking quashment of Ext.P2 order and seeking a direction to regularise her services, the aforesaid writ appeal was filed. The learned Single Judge declined to interfere with Ext.P2 relying on the decision of the Hon'ble Apex Court in Secretary, State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1)] . A perusal of the said decision would reveal that the Apex Court has
W.A.799/2018 3
deprecated the practice of absorption/regularisation or permanent continuance of temporary/contractual employees engaged/appointed dehoring the scheme of public employment. Evidently, the Apex Court held that deviating from the regular method of appointment and effecting such appointment without following the relevant recruitment rules and then regularising such irregularly recruited persons would be a fraud on public. Taking into consideration of the fact that the appellant was engaged only from 6.5.2006, we do not find any illegality in the findings of the learned Single Judge entered relying on the decision in Umadevi (3) case (supra). According to us, following the said decision, the learned Single Judge has come to the rightful conclusion. In such circumstances, we do not find any reason to interfere with the impugned judgment. Resultantly, this writ appeal is liable to fail and accordingly, it is dismissed.
C.T.RAVIKUMAR, JUDGE
Sd/-
V.G.ARUN, JUDGE
spc/
W.A.799/2018 4
2 issues framed by the court
Whether the termination of a casual sweeper employed under a panchayat without regularisation, as decided in the Umadevi case, is illegal and requires quashing.
Whether the appellate court should interfere with the single judge's decision dismissing a writ petition seeking regularisation and quashment of termination order.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
SREEJA K K
SECRETARY, SREEKANDAPURAM MUNICIPALITY
C.T.RAVIKUMAR
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
