IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 31135 of 2011(N) -------------------------------- PETITIONERS: ---------------- 1. VIJESH.C.V., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, THALASSERY SOUTH, RESIDING AT EDACHERIAN HOUSE, PALLIPROM, MUDAYAD, KANNUR DISTRICT - 670 597. 2. RAMYA.K., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, CHOKLI, RESIDING AT KOTTARATHIL HOUSE, KANHIRODE (P.O), KANNUR DISTRICT - 670 592. 3. RAMYA SREEDHARAN, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, PANOOR, RESIDING AT GEETHALAYAM, PERAVOOR (P.O), KANNUR - 670 673. 4. JAYAN.K., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, KANNUR NORTH, RESIDING AT KELOTHU HOUSE, KANIRATHARA (P.O), CHIRAKKAL, KANNUR - 670 011. 5. VINODAN.K.K., PEON CUM MENIAL, S/O.KUNHAMBU, 30 YEARS, BLOCK RESOURCE CENTRE, KUTHUPARAMBA, RESIDING AT PARAMMAL HOUSE, VENGAD (P.O), KANNUR DISTRICT. PIN-670 612. 6. P.K.REENA, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, MATTANNUR, RESIDING AT AMURTHA BHAVAN, ULIYIL(P.O), KANNUR DISTRICT - 670 702. 7. SHEEBA.T.P., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, PAYYANNUR, RESIDING AT THALIYIL VEEDU, KANDANKALI (P.O), KANNUR DISTRICT - 670 333. 8. K.V.BARATHI, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, MADAYI, RESIDING AT PADANNAPPURAM, VILAYAMKODE (P.O), KANNUR DISTRICT - 670 501. WP(C).No. 31135/2011 9. K.VINODKUMAR, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, THALIPARAMBA NORTH, RESIDING AT PADINHARECHAL HOUSE, PATTUVAM (P.O), KANNUR DISTRICT - 670 143. 10. M.DIVYA, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, KANNUR SOUTH, RESIDING AT KAIPPACHERY HOUSE, MUNDALLOOR (P.O), KANNUR DISTRICT - 670 622. 11. PRASEETHA MULIYIL, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, THALASSERY NORTH, RESIDING AT ILLATHUVALAPPIL, PINARAYI (P.O), KANNUR DISTRICT - 670 741. 12. MANU BALAKRISHNAN, PEON CUM MENIAL, BLOCK RESOURCE CENTRE, IRITTY, RESIDING AT KALLIPPARAMBIL, PAYYAM (P.O), KANNUR DISTRICT - 670 704. 13. BINDU.P., PEON CUM MENIAL, BLOCK RESOURCE CENTRE, IRIKKUR, RESIDING AT CHEKKIKKUNNUMMAL HOUSE, SREEKANDAPURAM (P.O), KANNUR DISTRICT - 670 631. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: ------------------ 1. THE DISTRICT PROJECT OFFICER, SARVA SHIKSHA ABHIYAN PROJECT, NEAR TRAINING SCHOOL, KANNUR-2. 2. THE STATE PROJECT DIRECTOR, SARVA SHIKSHA ABHIYAN PROJECT, THIRUVANANTHAPURAM - 695 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011 ALONG WITH WP(C) Nos.31136 & 33136 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.31135/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONERS 1 TO 12. EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION No.27382/2011 DATED 17.10.2011. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION No.29115/2011 DATED 2.11.2011. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION No.28866/2011 DATED 2.11.2011. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.31135, 31136 & 33136 OF 2011 --------------------------------------- Dated this the 20th day of December, 2011. J U D G M E N T The petitioners are challenging the alleged steps taken for disengagement of them from service. In W.P.(C) No.31135/ 2011, the petitioners are employed as Peons cum Menial in the Block Resources Centres in Kannur District under the Sarva Shiksha Abhiyan Project of the Central Government. It is stated that the period of the project is extended till the year 2015. The petitioners 1 to 9 therein joined service on 16.05.2007, the 10th petitioner joined on 15.05.2007, the petitioners 11 and 12 joined on 14.05.2007 and the 13th petitioner joined on 10.05.2010. All of them were appointed on daily wage basis. 2. In W.P.(C) Nos.31136 and 33136 of 2011, the petitioners are employed as Clerks and Peons respectively. In these two writ petitions also, the petitioners had joined on different dates, after undergoing the interview conducted by the Selection Committee. W.P.(C) Nos.31135, 31136 & 33136/2011 2 3. Evidently, all the petitioners are continuing on the basis of the contracts executed by them with the Project Officer. Learned Government Pleader submitted that the apprehension of the petitioners that they will be disengaged from service is not correct and there is no proposal as of now to disengage them. 4. Learned counsel for the petitioners submitted that the petitioners have been continuing on the basis of the contracts executed and their replacement, if any, by other set of persons cannot be justified at all. Since it is pointed out that the petitioners are not being disengaged now, the apprehension that they will be disengaged cannot be accepted. If at any time, any proposal is made to disengage them, they will be given due notice, at least of one week. These writ petitions are accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp