Writ petition filed by government employees apprehending termination of provisional services. Court held no immediate basis for apprehension as relevant orders remained unwithdrawn and disposed of the petition without prejudice to future claims.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
WP(C).No. 4569 of 2018
PETITIONER(S)
1 ANIL KUMAR B., S/O BALAN. V., AGED 52 YEARS, CAD/GIS TECHNICIAN, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER (KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT TC.14/2064, OOTTUKUZHI VEEDU, ORUVATHILKOTTA, ANAYARA POST, THIRUVANANTHAPURAM. 2 MANOJKUMAR R.S., S/O RETNAKARAN NAIR, AGED 40 YEARS, FIELD ASSISTANT/GPS SURVEYOR, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER (KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT PACHAKADU PUTHEH VEEDU, VENCODE POST, VATTAPPARA, THIRUVANANTHAPURAM-28. 3 MANU. V., S/O VIKRAMAN NAIR. N., AGED 41 YEARS, CAD/GIS TECHNICIAN, PROJECT SCIENTIST, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER (KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT MANU VIHAR, CHENKAL POST, NEYYATTINKARA, THIRUVANANTHAPURAM-695 132. 4 UNNIKRISHNAN NAIR R.S. S/O RAVEENDRAN NAIR, AGED 43 YEARS, FIELD ASSISTANT/GPS SURVEYOR, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER (KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT MOOLAYINVILAKATH VEEDU, MITHRANIKETHAN POST, VELLANAD, THIRUVANANTHAPURAM -695 543.
5 CHANDRABOSE C.K., S/O P. KUTTAPPAN, AGED 47 YEARS, FIELD ASSISTANT/GPS SURVEYOR, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER (KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT JANAKIMANDIRAM, KANIYARCODE POST, THIRUVILLAMALA, THRISSUR-680 594.
BY ADV.SRI.B.MOHANLAL.
WP(C).No. 4569 of 2018
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF PLANNING AND ECONOMIC AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, (CHAIRMAN, EXECUTIVE COMMITTEE, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER (KSREC), VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033).
2. THE DIRECTOR, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE,(KSREC), C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
R1 BY SR. GOVT. PLEADER SRI.BIJOY CHANDRAN. R2 BY ADV. SRI.S.VISHNU, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 4569 of 2018 (U)
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 THE TRUE C NO.A-347/2005/KSR RESPONDENTS IN DI |
OPY OF THE NOTIFICATION EC DATED 29.07.2005 ISSUED BY THE FFERENT DAILY. |
|---|---|
| EXHIBIT P2` THE TRUE COPY OF NO.A-347/2005/KSR RESPONDENTS TO TH |
THE INTERVIEW CARD EC DATED 01.12.2005 ISSUED BY THE E 4TH PETITIONER. |
| EXHIBIT P3 THE TRUE COPY OF DATED 23.12.2005 THE 4TH PETITIONE |
THE ORDER NO.A-347/2005/KSREC ISSUED BY THE 2ND RESPONDENT TO R. |
| EXHIBIT P4 THE TRUE COPY OF DATED 13.01.2006 |
THE ORDER NO.A-347/2005/KSREC ISSUED BY THE RESPONDENTS. |
| EXHIBIT P5 TRUE COPY OF THE 26.08.2002 ISSUED |
G.O(P) NO.39/2002/P & ARD DATED BY THE GOVERNMENT. |
| EXHIBIT P6 THE TRUE COPY OF 16.09.2015 ISSUED |
THE G.O (RT) NO. 407/15/PLG. DATED BY THE GOVERNMENT. |
| EXHIBIT P7 THE TRUE COPY OF DATED 01.12.2015 |
THE ORDER NO.A146/13/KSREC ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P8 THE TRUE COPY OF 16.01.2018 SUBMIT THE CHIEF MINISTE |
THE REPRESENTATION DATED TED BY THE PETITIONERS BEFORE R OF KERALA. |
| EXHIBIT P9 THE TRUE COPY OF 28.02.2005 ISSUED |
THE G.O(MS) NO.53/2005/PLG.DATED BY THE GOVERNMENT. |
| EXHIBIT P10 THE TRUE COPY OF DATED 27.08.2005 |
THE G.O (MS) NO.56/2005/PLG. ISSUED BY THE GOVERNMENT. |
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
P.V.ASHA J.
------- ---------------------------W.P.(C).No.4569 of 2018
------------------------------------ Dated this the 22nd day of February, 2018
J U D G M E N T
Petitioners, who are working as CAD/GIS
Technician, GPS Surveyor/Filed Assistant, etc., under the second respondent, have filed this writ petition apprehending termination of their services stating that Government is going to withdraw Ext.P6 order, by which they were allowed to continue purely on provisional basis invoking Rule 39 of KS&SSR without regularising their services subject to the condition that they would not have any claim over the post in which they worked for regularisation so long as the G.O.(P).No.39/2002/P&ARD dated 26.08.2002 is in force (Ext.P5). Ext.P5 order is also one issued by Government allowing the provisional hands like the
W.P.(C).No.4569 of 2018
2
petitioners to continue in service purely on provisional basis invoking Rule 39 of KS&SSR.
the learned Standing Counsel for the 2nd respondent submits that as at present the orders Exts.P5 or P6 are not withdrawn.
In the above circumstances, there is no basis for the apprehension of the petitioners; if at all there
is any move for withdrawing the orders, the petitioners shall be put on notice. It is therefore not necessary for me to look into the contentions raised by the petitioners as at present.
The writ petition is disposed of accordingly.
Sd/- P.V.ASHA, JUDGE.
AS
1 issue framed by the court
Whether the petitioners have a valid apprehension of termination of their provisional services warranting disposal of the writ petition.
Anil Kumar B.
Manojkumar R.S.
Manu. V.
Unnikrishnan Nair R.S.
Chandrabose C.K.
State of Kerala
P.V. Asha
As recorded by the court registry
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