IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 35359 of 2010(T) -------------------------- PETITIONER: --------------- 1. VINOD.B.S., CLERK/TYPIST, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVERNMENT WEST H.S.S.CAMPUS, ANCHAL P.O., KOLLAM-691 306. 2. SURESHKUMAR.K.R., PEON,KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVERNMENT WEST H.S.S.CAMPUS, ANCHAL P.O., KOLLAM-691 306. 3. MURUKADAS.A., TYPIST/CLERK, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.MODEL V.H.S.S.CAMPUS, THEVALLY, KOLLAM-691 009. 4. SASIKALA DEVI.S., LIBRARY ASSISTANT, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.MODEL V.H.S.S.CAMPUS, THEVALLY, KOLLAM-691 009. 5. RAJEEVAN.V., PEON/DAY WATCHMAN, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION GOVT.MODEL V.H.S.S.CAMPUS, THEVALLY, KOLLAM-691 009. 6. SHEELA.M., SWEEPER/CLEANER KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION GOVT.MODEL V.H.S.S.CAMPUS, THEVALLY, KOLLAM-691 009. 7. INDU.S., TYPIST/CLERK, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION GOVT.MODEL B.H.S.S.CAMPUS, ADOOR-691 523. 8. SREEKUMARAN NAIR.T., PEON/DAY WATCHMAN, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.B.H.S.S.CAMPUS, ADOOR-691 523. WP(C).No. 35359 of 2010(T) ----------------------------------------- 9. C.G.THOMAS, NIGHT WATCHMAN, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATON GOVT.B.H.S.S. CMAPUS, ADOOR-691 523. 10. RAMACHANDRAN P., PEON/DAY WATCHMAN, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION GOVT.H.S.S.KUNNAM, MAVELIKARA-690 108. 11. SOORAJ.V.R., PEON/DAY WATCHMAN, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.U.P.S.CAMPUS, KANIYAPURAM-695 301, THIRUVANANTHAPURAM. 12. SUHOO.S., NIGHT WATCHMAN, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION GOVT.U.P.S.CAMPUS, KANIYAPURAM-695 301, THIRUVANANTHAPURAM. 13. RADHIKA RANI N.N., SWEEPER KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.U.P.S.CAMPUS, KANIYAPURAM-695 301, THIRUVANANTHAPURAM. 14. MINI.A., LIBRARY ASSISTANT, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.BOYS HIGH SCHOOL CAMPUS, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690 502. 15. SREELATHA.K., TYPIST CUM CLERK, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, GOVT.BOYS HIGH SCHOOL CAMPUS, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690 502. 16. N.GOPALAKRISHNA PILLAI, CASUAL PEON CUM DAY WATCHER, KERALA UNIVERITY COLLEGE OF TEACHER EDUCATION, KULAKKADA P.O., KOLLAM DISTRICT. 17. GOPINADHAN PILLAI.S., PLEON CUM DAY WATCHER, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, ANCHAL. BY ADV. SRI.KALEESWARAM RAJ WP(C).No. 35359 of 2010(T) ----------------------------------------- RESPONDENTS: ----------------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, KANIYAPURAM-695 301. 3. THE PRINCIPAL, KERALA UNIVESITY COLLEGE OF TEACHER EDUCATION, KOLLAM-691 009. 4. THE PRINCIPAL, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, ANCHAL-691 306. 5. THE PRINCIPAL, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, KULAKADA-691 521. 6. THE PRINCIPAL, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, ADOOR-691 523. 7. THE PRINCIPAL, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, MAVELIKKARA-690 108. 8. THE PRINCIPAL, KERALA UNIVERSITY COLLEGE OF TEACHER EDUCATION, KAYAMKULAM-690 502. 9. THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. BY ADV. SRI.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION , ON 16/02/2011, ALONG WITH WPC NO. 36159 OF 2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.35359/2010-T & 36159/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of February, 2011 J U D G M E N T In both these writ petitions, the petitioners seek for a direction to regularise them under the Colleges of Teacher Education which is functioning under the Kerala University. 2. The petitioners' main contention is that they were given engagement on daily wage basis during the periods mentioned in the writ petition and they have been filing representations in the matter. Seeking for regularisation in service, they have also invited the attention of the Court to certain orders passed by the University whereby some employees were regularised in service and Ext.P11 in W.P.(C).No.35359/2010 is one of such orders. 3. The first respondent has filed a counter affidavit. It is pointed out therein that the petitioners are not working in any sanctioned Class-III and Class-IV posts in the Colleges of Teacher Education. No posts in the Teacher Education Colleges W.P.(C). Nos.35359/2010 & 36159/2010 -:2:- are created in any category either on permanent or temporary basis. At the time of starting of the course, the Principal and Instructors were appointed on contract basis for a period of one year. The Principal locally engaged some candidates on casual basis for cleaning, sweeping, security etc. on a daily remuneration of Rs.20-25/-. They were not engaged by any order of the University, but engaged purely on daily wages. Subsequently, when the number of candidates seeking such employment became more, University conducted an interview and prepared a panel from which they were engaged on turn basis. It is further pointed out that none of the petitioners are working continuously against regular or temporary posts for more than 10 to 20 years. In paragraph (8), reasons have been pointed out for not regularising the service of the petitioners. 4. It is clear that the petitioners have not undergone any selection process and they were purely engaged on daily wage basis. W.P.(C). Nos.35359/2010 & 36159/2010 -:3:- 5. The learned Standing Counsel for the University placed reliance on State of Kerala v. Valsamma [ILR 2010 (2) Ker.12] wherein it is held that duration of service of temporary employees is not at all relevant for claims for regularisation and that no employees working in non-cadre category can be regularised unless they are engaged on the basis of general notification. 6. Evidently, the engagement of the petitioners are on local basis, that too on rotation basis from time to time, purely, because of the administrative requirement for engaging casual workers. In the light of the well settled principles in the matter, they will not get any right for regularisation and here no regular posts or even temporary posts have been created. In that view of the matter, the writ petitions are dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms