IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 27378 of 2010(V) -------------------------- PETITIONERS: 1. P.N.SANTHOSH, PERIYANTHARA, VAZHARMANGALAM P.O., CHENGANNUR, PIN - 689 125 (WORKING ON PROVISIONAL BASIS AS VALVE OPERATOR, PH SECTION, NEDUMPURAM). 2. P.T.SURESH, AMBILY BHAVAN, AREEKKARA P.O., CHENGANNUR (WORKING ON PROVISIONAL BASIS AS VALVE OPERATOR, PH SECTION, NEDUMPURAM). 3. D.RAJAN, OMANAMANGALAM, SL PURAM P.O., CHERTHALA (WORKING ON PROVISIONAL BASIS AS VALVE OPERATOR, PH SECTION, NEDUMPURAM). 4. MOHANAN.R., THAKADIVILAYIL, KALAVOOR PO, ALAPPUZHA, (WORKING ON PROVISIONAL BASIS AS VALVE OPERATOR, PH SECTION, NEDUMPURAM). 5. N.ABDULLAKUNJU, KURAVANPURAKKAL, KOTTEMURI, THRIKKUNNAPUZHA P.O., ALAPPUZHA - PIN 690 515 (WORKING ON PROVISIONAL BASIS AS VALVE OPERATOR, PH SECTION, NEDUMPURAM). 6. MA.PRADEEPKUMAR, PALLIYAMBILTHEKKETHIL, KURATTIKKAD, MANNAR P.O., (WORKING ON PROVISIONAL BASIS AS VALVE OPERATOR, PH SECTION, NEDUMPURAM). BY ADV. SRI.V.VARGHESE ...2/- WP(C).No. 27378 of 2010(V) --2-- RESPONDENTS: 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, PH SUB DIVISION, THIRUVALLA. BY ADVS.SMT.AMBIKA DEVI, SC, KWA SHRI.J.KRISHNAKUMAR, -DO- THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, ALONG WITH CONT. CASE (C) NO.205/2011, THE COURT ON THE SAME DAY DELIVERED FOLLOWING: ...3/- WP(C).No. 27378 of 2010(V) --3-- APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE ORDER NO.E1-569/97 VOL.III DATED 8.3.2010 ISSUED BY THE SECOND RESPONDENT. EXT.P2:- COPY OF THE POSTING ORDER ISSUED TO THE FIRST PETITIONER. RESPONDENTS EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE WP(C).No. 27378 of 2010(V) --4-- S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.27378 of 2010 & Cont. Case (C)No. 205 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2011 J U D G M E N T The petitioners are working as temporary valve operators in the Kerala Water Authority from March 2010 onwards. They have been appointed through employment exchange on provisional basis on daily wages for a period of 179 days. Petitioners challenge their termination from service on expiry of 179 days. 2. At the time of admission, I had passed the interim order to the effect that petitioners shall not be replaced by other temporary hands until further orders. Subsequently, other employment exchange hands were appointed and, therefore, petitioners filed Cont. Case (C) No.205/2011 alleging violation of the interim order. Counsel for the Kerala Water Authority submits that the petitioners are only provisional employees and they are not entitled to continue in service beyond 179 days, which is the law settled by this Court. It is further pointed out that the only interim prayer of the petitioners was to permit the petitioners to continue in service till they are replaced by PSC hands or Employment Exchange hands and joins duty as valve W.P(C) No.27378 of 2010 & Cont. Case (C) No. 205 of 2011 --2-- operators. Therefore, according to the learned counsel for the Water Authority, since the petitioners have been replaced only by employment exchange hands, they are not entitled to any relief in the writ petition. 2. Heard both sides. I am satisfied that the petitioners have no right to continue in service as against employment exchange hands beyond 179 days. Therefore, the writ petition is dismissed. In the peculiar circumstances of the case, I am not inclined to take further proceedings in the Contempt of Court Case. Accordingly the Contempt of Court Case is closed. S. SIRI JAGAN JUDGE KRK