This single-judge bench dismissed a writ petition filed by cleaning volunteers apprehending termination. The court held that daily wage engagement does not confer a legal right to seek continuance or regularisation on an ongoing basis.
The writ petition apprehending termination is dismissed.
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 V.G.ARUN
WEDNESDAY, THE 25TH DAY OF MAY 2022 / 4TH JYAISHTA, 1944
WP(C) NO. 10217 OF 2022
PETITIONERS:
1 SINDHU PRAMOD AGED 60 YEARS W/O. PRAMOD, AGED 60 YEARS, PULIKKATHOLIL, KUPPAKKOLLI AMBALAVAYAL P.O., NENMENI, WAYANAD, PIN - 673593
2 INDIRA E.K AGED 45 YEARS EDAKKAL COLONY,AMBALAVAYAL P.O., WAYANAD, PIN - 673593 3 MINI PRASAD AGED 43 YEARS MELECHERUVILA, KUPPAKKOLLI AMBALAVAYAL P.O., WAYANAD, PIN - 673593 4 KAMALAKSHI AGED 49 YEARS CHERUVILA, EDAKKAL,AMBALAVAYAL P.O., WAYANAD, PIN - 673593 5 JENCY VINU AGED 39 YEARS KARAKKAKUZHI, KUPPAKKOLLI, AMBALAVAYAL P.O., WAYANAD, PIN – 673593
BY ADV C.K.SREEJITH
RESPONDENTS:
WP(C) NO. 10217 OF 2022
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4 SECRETARY NENMENI GRAMA PANCHAYAT, NENMENI P.O., WAYANAD, PIN - 673592 5 GOVERNMENT OF KERALA REP. BY SECRETARY TO GOVERNMENT, TOURISM DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM, PIN – 695001 BY ADV. SRI. VENUGOPAL V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10217 OF 2022
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JUDGMENT
Dated this the 25th day of May, 2022
The petitioners were appointed as Cleaning Volunteers at Edakkal Caves in Wayanad District on daily wage basis. Their appointment is pursuant to Ext.P1 Government Order. The petitioners have been working without break from the date of appointment. This writ petition is filed apprehending termination, since an interview is scheduled to engage fresh hands as Cleaning Volunteers at the Edakkal Caves.
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WP(C) NO. 10217 OF 2022
taking note of the manner in which the petitioners
were engaged and the need for providing engagement to other unemployed youth, held that the petitioners cannot seek continuance and thereby hinder the appointment of others. I am in respectful agreement with the said finding. Having secured engagement on daily wage basis and the fact that the petitioners were allowed to continue for sometime does not bestow them with any legal right to seek continuance or regularisation.
For the aforementioned reasons, the writ petition is dismissed.
Sd/-
V.G.ARUN JUDGE
NB/25-5
WP(C) NO. 10217 OF 2022
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APPENDIX OF WP(C) 10217/2022
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE G.O. (RT) NO. 330/2017 TSM DT. 22/6/2017
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DT. 21/5/2021
EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE VOLUNTEERS REGISTER KEPT IN THE OFFICE OF THE NENMENI GRAMA PANCHAYAT
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether daily wage volunteers engaged for cleaning caves can seek continuance of employment upon the appointment of fresh hands?
Colour shows how this judgement treated each authority
W.P.(C).No.20006 of 2018Relied on¶2
W.P.(C).No.20006 of 2018
Sindu Pramod
Indira E.K
Mini Prasad
Kamalaksi
Jency Vinu
Government of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
