IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 37413 of 2008(D) -------------------------- PETITIONER(S): --------------- KUNJUNNI.K, S/O. RAMANKUTTY, AGED 54 YEARS, PEON, C.A.D.A SUB DIVISION NO.2, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE COMMAND AREA DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, CADA HEAD QUARTERS, CHEMBUKKAVU, THRISSUR. 3. THE EXECUTIVE ENGINEER, COMMAND AREA DEVELOPMENT AUTHORITY DIVISION, PALAKKAD DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER, CADA SUB DIVISION NO.2, OTTAPPALAM, PALAKKAD DISTRICT. BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37413 of 2008-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009. JUDGMENT The petitioner is aggrieved by Exts.P6 and P8 by which the request to regularise the service of the petitioner stands rejected. The short facts leading to the dispute are the following: 2. The petitioner commenced service on 21.4.1983 as Lascar in Command Area Development Authority. He was sponsored through Employment Exchange. Ext.P1 is the copy of the order of appointment. Earlier, by Ext.P2 judgment this court had directed the Government to consider the question of regularisation of service of the persons who are arrayed as petitioners therein. The Government by Ext.P3 order, took a decision to terminate the service of the petitioners. This was challenged in O.P.No.33447/2000. Ext.P4 is the interim order passed in the said original petition. The petitioner approached the Legislative Petition Committee and the Legislative Petition Committee took a decision by way of Ext.P5. Meanwhile, the post of Lascar was shifted as Peon with effect from 1.11.2005. Later, the Government allowed the petitioner to continue till 55 years on a provisional basis. The said categorisation as a provisional WPC 37413/2008 2 employee, was challenged by way of a representation, before the Government. The same stands rejected as per Ext.P8. 3. It was noticed that petitioner along with others, had filed an earlier writ petition seeking various reliefs. Judge's Papers in O.P.No.33447/2000 was called for. It is seen that the petitioner herein was the 10th petitioner in the said writ petition. The second prayer in that writ petition was for a direction to the respondents to regularise the service of the petitioners from the date of their initial appointment. The said writ petition was dismissed as per judgment dated 5.6.2006. In the light of the above, this writ petition also fails. The same is dismissed. (T.R. Ramachandran Nair, Judge.) kav/