The Court rejected a writ petition seeking regularization of the petitioner's appointment as a non-salaried librarian, noting the library had ceased functioning in 2011 and no sanctioned post existed.
The writ petition is dismissed; the prayer for regularization of appointment is not allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941
WP(C).No.18573 OF 2013(V)
PETITIONER:
AJITH KUMAR AGED 36 YEARS S/O.BHARGAVAN NAIR, KARTHIKA, JAYABHAVAN, THALACHIRA.P.O., VETTIKKAVALA, KOLLAM.
BY ADV. SRI.SYAM J SAM
RESPONDENTS:
1 THE SECRETARY VETTIKKAVALA GRAMA PANCHAYATH, KOTTARAKKARA, KOLLAM.
2 DEPUTY DIRECTOR OF PANCHAYATH DDP OFFICE, KOLLAM.
3 DIRECTOR OF PANCHAYATH OFFICE OF THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.A.R.DILEEP R1 BY ADV. SRI.GEORGE VARGHESE PERUMPALLIKUTTIYIL R1-2 BY GOVERNMENT PLEADER R1 BY ADV. SRI.MANU SEBASTIAN R1 BY ADV. SRI.K.J.SHARATH KUMAR
OTHER PRESENT:
GP. SHRI. N.B. SUNIL NATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Prayer in the writ petition is for a direction to the
respondent to regularize the petitioner's appointment and permanently appoint him as the Librarian in the public library owned by the 1st respondent. It is submitted by the counsel appearing for the 1st respondent that the library had been operated from 9.7.2005. It is stated that the petitioner was assigned with the duty of Librarian on a temporary basis without any remuneration.
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stated that the library is not functioning since 2011 and that therefore, the request of the petitioner for regularization cannot be considered.
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The prayers raised in the writ petition, therefore, cannot be allowed. In case the petitioner has any claim for remuneration, it is for the petitioner to raise the same appropriately before the 1st respondent. Leaving open the said contention, the writ petition is closed.
(Sd/-)
ANU SIVARAMAN JUDGE
LU
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE EXTRACT OF MINUTES OF THE IST RESPONDENT. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE DECISION TAKEN BY THE IST RESPONDENT ON 16.9.2009. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE ISSUED BY THE IST RESPONDENT TO THE PETITIONER DATED 20.6.2012. |
| EXHIBIT P4 | THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 1.9.2012 BEFORE THE IST RESPONDENT. |
| EXHIBIT P5 | REPORT DATED 25.06.2010 OF THE 2ND RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE ORDER DATED 7.5.2013 OF THE LEARNED OMBUDSMAN. |
| EXHIBIT P7 | MEDICAL CERTIFICATE WITH RESPECT TO THE SURGERY UNDERWENT BY THE PETITIONER. |
| EXHIBIT P8 | THE TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE IST RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE NOTICE DATED 24.6.2013 OF THE IST RESPONDENT. |
RESPONDENT'S/S EXHIBITS:
EXHIBIT RA (A) A TRUE COPY OF RESOLUTION NO. VII DATED 29.07.2005 OF THE COMMITTEE OF THE VETTIKKAVALA GRAMA PANCHAYATH. EXHIBIT R1 (B) A TRUE COPY OF ORDER NO. C5 – 24654/05 DATED 07.11.2006 OF THE 3RD RESPONDENT. EXHIBIT R1 (C ) A TRUE COPY OF STATEMENTS FILED BY THE 1ST RESPONDENT DATED 02.01.2013 BEFORE THE OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS. EXHIBIT R1 (D) A TRUE COPY OF REPLY DATED 05.07.2013 OF THE PETITIONER TO THE 1ST RESPONDENT. // True Copy // PA to Judge
2 issues framed by the court
Whether the petitioner is entitled to a direction to regularize his temporary appointment as a non-salaried librarian.
Whether the petition can be considered given that the library has not been functioning since 2011 and there is no sanctioned post.
Ajith Kumar
The Secretary Vettikka Vala Grama Panchayath
Deputy Director of Panchayath
Director of Panchayath
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
