IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 28866 of 2011(G) -------------------------- PETITIONER(S): --------------- 1. PRENIL.A.P., PEON CUM MENIAL, BLOCK RESOURC CENTRE, VYPEEN, ERNAKULAM DISTRICT. 2. PRASANNA KUMARI, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, ALUVA, ERNAKULAM DISTRICT. 3. ANIL T.K., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, PERUMBAVOOR, ERNAKULAM DISTRICT. 4. SUBIN C.S., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, KOLENCHERY, ERNAKULAM DISTRICT. 5. PRIYA N.P., PEON CUM MENIAL, DISTRICT PROJECT OFFICE, ERNAKULAM. 6. SATHYADAS, PEON CUM MENIAL DISTRICT PROJECT OFFICE, ERNAKULAM. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE DISTRICT PROJECT OFFICER, SARVA SHIKSHA ABHIYAN PROJECT, KAREKKD BUILDINGS, 2ND FLOOR, NEAR SRV HIGH -SCHOOL, ERNAKULAM, PIN 682011. 2. THE STATE PROJECT DIRECTOR, SARVA SHIKSHA ABHIYAN PROJECT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER SHRI M.A FAYAZ FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, ALONG WITH WPC NO. 29115 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 28866/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE ORDER OF APPOINTMENT DATED 14.11.2003 OF THE PETITIONERS 1 TO 5. EXHIBIT-P1(a). TRUE COPY OF THE ORDER OF APPOINTMENT DATED 19.9.2003 OF THE 6TH PETITIONER. EXHIBIT-P2. TRUE COPY OF EXPERIENCE CERTIFICATE DATED 25.10.2011 OF THE 1ST PETITIONER. EXHIBIT-P3. TRUE COPY OF EXPERIENCE CERTIFICATE DATED NIL OF THE 2ND PETITIONER. EXHIBIT-P4. TRUE COPY OF EXPERIENCE CERTIFICATE DATED 25.10.2011 OF THE 3RD RESPONDENT. EXHIBIT-P5. TRUE COPY OF EXPERIENCE CERTIFICATE DATED 25.10.2011 OF THE 4TH PETITIONER. EXHIBIT-P6. TRUE COPY OF EXPERIENCE CERTIFICATE DATED 3.10.2011 OF THE 5TH PETITIONER. EXHIBIT-P7. TRUE COPY OF EXPERIENCE CERTIFICATE DATED 25.10.2011 OF THE 6TH PETITIONER. EXHIBIT-P8. TRUE COPY OF THE INTERIM DIRECTION DATED 17.10.2011 IN W.P.(C).NO.27382/2011. RESPONDENTS' EXHIBITS : NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.28866/2011-G & 29115/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of December, 2011 J U D G M E N T In both the writ petitions common issues have been raised. In W.P.(C).No.28866/2011, petitioners 1 to 5 have been engaged as Peons-cum-Menials (Sweepers) in the Block Resource Centres under the Sarva Shiksha Abhiyan project of the second respondent and the sixth petitioner has been appointed as Peon-cum-Menial in the District Project Centre, Ernakulam. The petitioners apprehend that their service will be disengaged illegally and without any notice to them. 2. Among the petitioners in W.P.(C). No.29115/2011, petitioners 1 to 3 and 6 are Clerks in the Block Resource Centres under the Sarva Shiksha Abhiyan project of the second respondent and, the fourth petitioner was appointed as Driver, the fifth petitioner as Data Entry Operator and the seventh petitioner as Accountant in the District Project Office, Ernakulam. They are also apprehending relief from service. W.P.(C). Nos.28866/2011 & 29115/2011 -:2:- 3. Learned Government Pleader on getting instructions submitted that as of now, there is no decision to disengage the petitioners from service. Their appointments are on contract basis for a specific period and, therefore, they have no right of continuance on regular basis. 4. Since it is submitted that the petitioners are not being disengaged as of now, the apprehension expressed by the petitioners that their service will be terminated cannot have any substance. If at any point of time, the petitioners are sought to be disengaged, they will be informed of the same and at least one weeks notice will be issued to them. The same will safe guard the rights of the petitioners. The writ petition is accordingly, disposed of. Sd/- (T.R. Ramachandran Nair, Judge.) ms