IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WA.No. 430 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25877/2008 Dated 15/12/2009 .................... APPELLANT(S): -------------- 1. P.UNNIKRISHNAN NAIR, SECURITY GUARD/NIGH DUTY WATCHMAN, LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE, THIRUVANANTHAPURAM. 2.S.A.SATHI, SECURITY GUARD/NIGH DUTY WATCHMAN, LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE, THIRUVANANTHAPURAM. 3.P.KAMALASANAN NADAR, SECURITY GUARD/NIGH DUTY WATCHMAN, LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE, THIRUVANANTHAPURAM. 4. N.SURENDRAN, SECURITY GUARD/NIGH DUTY WATCHMAN, LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. GOVT.PLEADER SMT.R.BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.430 of 2010 ---------------------------------------------- Dated 10th March, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioners are the appellants. They were appointed as Security Guards, on daily wage basis, in the Land Revenue Commissionerate. They were sponsored by the Zila Sainik Welfare Board. They were appointed on 3.3.1999, 6.11.1999, 26.6.1999 and 6.11.2004 respectively. According to the appellants, as per Ext.P2, some of the Security Guards appointed in the Administrative Secretariat were regularised. Claiming the said relief, they moved the Government. The Government, by Ext.P4 order dated 12.2.2008, not only declined to regularise them, but, ordered their termination and also directed to report the vacancies to the Public Service Commission. Thereafter, the appellants moved the Chief Minister, by filing Ext.P5 representation. As per the direction of this Court in Ext.P6 judgment, the said representation was WA NO.430/10 2 considered and rejected by Ext.P7. Challenging Exts.P4 and P7, the Writ Petition was filed. The learned Single Judge declined to interfere with those orders. Therefore, the appellants have preferred this Writ Appeal. 2. The learned counsel for the appellants submitted that they are entitled to get the benefit of the decision of the Apex Court in Secretary, State of Karnataka v. Umadevi & Others (2006(4) SCC 1). But, we notice that the appellants do not have ten years' service as on the date of rendering of the said judgment, by the Apex Court. The learned counsel for the appellants pointed out that they are entitled to get a treatment, similar to the one extended to those Security Guards appointed in the Administrative Secretariat, by Ext.P2. 3. We notice that Ext.P2 order, apparently, is one issued under Rule 39 of the Kerala State and Subordinate Services Rules, relaxing the rigour of the rule that first appointment to public services should be on the advice of the Public Service Commission. The appellants do not have a legal right to claim the said relief and the respondents do not owe any WA NO.430/10 3 duty to them, in this regard. For the sake of satisfying the requirement of Article 14 of the Constitution of India, this Court cannot direct the Government to act repeatedly in derogation of the rules. The Writ Appeal, therefore, fails and it is, accordingly, dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.430 of 2010 ---------------------------------------------- J U D G M E N T Dated 10th March, 2010.