IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28990 of 2011(W) -------------------------- PETITIONER: --------------- P. RAVEENDRAN, S/O. MADHAVAN NAIR, PARAKULANGARA HOUSE, KIZHAKKUMMURI P.O. KAKKODI, KOZHIKODE - 673611 BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: --------------- 1. THE INSTITUTE OF MANAGEMENT IN GOVERNMENT, REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695033 2. THE REGIONAL DIRECTOR, INSTITUTE OF MANAGEMENT IN GOVERNMENT, REGIONAL CENTRE, IMG CAMPUS, KOZHIKODE - 673 008. BY ADV. MR. R.S. KALKURA, SC, IMG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28990 of 2011(W) APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE COPY OF THE CERTIFICATE OF DISCHARGE AND RECOMMENDATION FOR CIVIL EMPLOYMENT ISSUED BY THE ARMY TO THE PETITIONER. EXT.P2 : TRUE COPY OF THE LETTER DATED 6.6.2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3 : TRUE COPY OF LETTER DATED 18.6.2008 ISSUED BY THE REGIONAL DIRECTOR, IMG REGIONAL CENTRE, KOZHIKODE TO THE ZILA SAINIK WELFARE OFFICER, KOZHIKODE. EXT.P4 : TRUE COPY OF THE LIST SHOWING THE DETAILS OF EPF PAYABLE BY THE EMPLOYEES OF IMG EXT.P5 : TRUE COPY OF THE DUTY CHART ALLOTTED TO THE PETITIONER FOR THE MONTH OF OCTOBER, 2011 EXT.P6 : TRUE COPY OF THE ORDER NO.1123/K3/08/IMG DATED 29.10.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. /true copy/ P.S. To Judge. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 28990 OF 2011 ......................................................................... Dated this the 31st October, 2011 J U D G M E N T The petitioner, who was engaged as a Watchman on daily wage basis in the respondents' establishment is before this Court, contending that his service on contract basis was terminated pursuant to the steps taken by the respondents to have some alternate arrangement. 2. The petitioner is an ex-service man. After relieving from the Defence, he applied for the post of Watchman. Pursuant to the steps taken by the respondents to have such engagement based on the list furnished by Zilla Sainik Welfare Officer, Kozhikode, the petitioner was requested to attend the interview for appointment on daily wage basis on 18.06.2008. The petitioner participated in the interview and on the basis of the testimonials, the petitioner was selected as watchman on daily wage as evident from Ext. P3 order. The case of the petitioner is W.P.(C)No. 28990 OF 2011 2 that the petitioner was continuing in the said post ever since then and on a fine morning , the petitioner has been served with Ext.P6 order dated 29.10.2011, stating that pursuant to the steps taken by the Director of IMG, Thiruvananthapuram, a contract had been entered into with M/s, KEXCON for the deployment of security guards at the Regional Centre of IMG, Kozhikode and that a direction was given to relieve the watchman on daily wage basis with immediate effect. It was accordingly, that the petitioner was relieved from duty on 29.10.2011,which is under challenge in this writ petition. 3. Heard the learned Standing Counsel for the respondents. 4. Going by the admitted facts and figures, this Court finds that the engagement of the petitioner does not confer any vested right on him to continue in service on a regular basis and the engagement was subject to the terms and conditions specified. Whether the engagement of watchman should be continued on daily wage basis or by resorting to regular appointment or by some other methods, are matters coming within the rights and W.P.(C)No. 28990 OF 2011 3 liberties of the respondents, which is not liable to be questioned through a writ petition under Article 226 of the Constitution of India. There is no merit in the writ petition and it is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk