IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 27382 of 2011(W) -------------------------- PETITIONER: --------------- R.SIVAPRASAD, S/O.RAVEENDRAN, DRIVER (ON CONTRACT BASIS), OFFICE OF THEDISTRICT PROJECT OFFICE, SARVA SIKSHA ABHIYAN DEPARTMENT, HIGH SCHOOL JUNCTION, KOLLAM. RESIDING AT THANNAVEETTIL THEKATHIL, JAYAN NAGAR-73,OLAYIL, THEVALLY(PO), KOLLAM DIST. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. THE PROJECT DIRECTOR, SARVA SIKSHA ABIYAN, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT PROJECT OFFICER, SARVE SIKSHA ABHIYAN, HIGH SCHOOL JUNCTION, KOLLAM DISTRICT-691 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.27382/11 PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE AGREEMENT DATED 1.8.2007. EXHIBIT P1(A): TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT NO.SSA/601/07 DATED 1.8.2007. EXHIBIT P2: TRUE COPY OF THE AGREEMENT DATED 28.1.2008. EXHIBIT P2(A): TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT NO.SSA 1/601/07 DATED 28.1.2008. EXHIBIT P3: TRUE COPY OF THE AGREEMENT DATED 2.6.2008. EXHIBIT P3(A): TRUE COPY OF THE NO.SSA 1/601/07 DATED 2.6.2008. EXHIBIT P4: TRUE COPY OF THE AGREEMENT DATED 21.6.2009. EXHIBIT P4(A): TRUE COPY OF THE ORDER NO.SSA 1/601/07 DATED 2.6.2009. EXHIBIT P5: TRUE COPY OF THE AGREEMENT DATED 2.6.2010. EXHIBIT P5(A): TRUE COPY OF THE ORDER NO.SSA 1/601/07 DATED 2.6.2010. EXHIBIT P6: TRUE COPY OF THE AGREEMENT DATED 2.6.2011. EXHIBIT P6(A): TRUE COPY OF THE ORDER NO.SSA 1/601/07 DATED 2.6.2011. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.27382 of 2011 -------------------------------------------------- DATED THIS THE 28th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner is working as Driver on contract basis in the Office of the District Project Office of the Sarva Siksha Abhiyan, Kollam. The Writ Petition is filed by the petitioner apprehending steps to replace the petitioner by another ad hoc employee. The further prayer made by the petitioner is that the petitioner may be allowed to continue, till a regular hand joins duty. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The learned Government Pleader submitted that the petitioner was engaged after executing Exhibit P1 agreement. A reading of Exhibit P1 will show that there is no right for permanent appointment and it is only on contract basis. It is submitted that apprehension of the petitioner is not correct and at present there are no move to replace the petitioner. 4. Evidently, the petitioner's contract of employment is governed by the terms of Exhibit P1. W.P.(C)No.27382/11 -2- 5. The learned counsel for the petitioner submitted that by Exhibit P6(a), the period was extended upto 31.5.2012. Evidently, the same is also on contract basis on a monthly consolidated salary of Rs.6,000/-. Therein also it is stated that the appointment is purely on contract basis and can be terminated without prior notice. In that view of the matter, the direction sought to continue the appointment till a regular hand joins duty cannot be granted by this Court. The submission that there is no move to replace the petitioner is recorded. In the event of any proposal to replace the petitioner before the expiry of the term, the petitioner will be given due notice, at least of minimum one week. The Writ Petition is accordingly disposed of. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn