IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WA.No. 1919 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16028/2006 Dated 19/08/2008 .................... APPELLANT(S): PETITIONER IN W.P.(C)NO.16028/2006: ---------------------------------------------------------------------------------- JAYANTHI.A, ERATHU HOUSE, KUREEPUZHA, KAVANAD.P, KOLLAM (FULL TIME SWEEPER, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE FOR WOMEN, KOLLAM) BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS IN W.P.(C)NO.16028/2006: ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL, GOVERNMENT ITI FOR WOMEN, KOLLAM-12. 3. THE DIRECTOR OF TRAINING, GOVERNMENT OF KERALA, TRIVANDRUM. 4. THE DISTRICT EMPLOYMENT OFFICER, KOLLAM. SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS FOR R1 TO R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.860/2008 IN W.A.NO.1919/2008 DISMISSED 18/12/2008 SD/- J.B.KOSHY, ACTING CHIEF JUSTICE SD/- THOMAS P.JOSEPH, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy, Ag.C.J. & Thomas P.Joseph, J. -------------------------------------- W.A. No. 1919 of 2008 --------------------------------------- Dated this the 18th day of December, 2008 Judgment Koshy,J. By Ext.P2 appellant/petitioner was appointed as a sweeper on temporary basis. Her name was sponsored by the Employment Exchange. As per the Rules, appointment can be made by promoting the contingent employees or in their absence, appointment can be made from the list sent by the Employment Exchange. Petitioner was appointed on 27.12.2005. She has undergone the selection process after considering the reservation as per Rules. Petitioner was appointed for 179 days or till regular hand is appointed whichever is earlier. Petitioner overstayed 179 days and she filed a writ petition. Petitioner's service was terminated on 16.9.2008 after the impugned judgment. Petitioner was not replaced by a full-time employee, but, by another temporary employee. We are of the opinion that since petitioner was given appointment after undergoing the selection process, her service should not have been terminated for accommodating another person on a provisional basis. There is no case that no part-time W.A.No.1919/2008 2 contingent employee was promoted after Ext.P2 in 2005 till date. It is submitted that another person who was appointed in the place of petitioner on a temporary basis is working now. He is not made a party. In the above circumstances, we direct the second respondent to engage the petitioner after the tenure (179 days) of the present temporary employment if no regular appointments are made by promotion from the contingent employees. The writ appeal is disposed of accordingly. J.B.Koshy Acting Chief Justice Thomas P. Joseph Judge vaa W.A.No.1919/2008 3 J.B. KOSHY,Ag.C.J. AND THOMAS P.JOSEPH,J. ------------------------------------- W.A.No.1919/2008 ------------------------------------- Judgment Date:18th December,2008