IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 24985 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. NOUSHAD.A.S, T.C.40/1668, MANAKKAD.P.O, THIRUVANANTHAPURAM. 2. ANILKUMAR.R.K, VAZHAVILA ROADARIKATH VEEDU, ANTHIYOORKONAM, KOLODE.P.O, THIRUVANANTHAPURAM. 3. KANEESHA.K, BISMI NIVAS,AMACHEL.P.O, KATTAKKADA, THIRUVANANTHAPURAM. 4. LEENA.S.NAIR, "SHAILAM", PATHIRAPALLY ROAD, TC 17/602, POOJAPURA.P.O, THIRUVANANTHAPURAM. 5. AJITHA.V, CHALIVILA PUTHENVEEDU, PANGODE VIA, KANJINADU.P.O, THIRUVANANTHAURAM. 6. USHAKUMARI.P.S, USHA BHAVAN, CHARNIKUZHI KUVALASSERY.P.O, VELIYAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, GOVT.OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF SOCIAL WELFARE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.24985 of 2008 ------------------------------- Dated this the 29th September, 2008. J U D G M E N T The petitioners who were appointed as Peons on contract basis for a period of one year, by the orders produced and marked as Exts.P4 to P6, have filed this writ petition for a direction to the respondents to appoint them as regular employees in the service of State Government in implementation of Exts.P1 and P2 Government Orders. By Ext.P1 order, the State Government decided to give weightage marks for persons with disability who are below the poverty line and are about to cross the upper age limit for appointment in public service. By Ext.P2, the State Government decided to regularise the services of provisional employees appointed under Rule 9(a)(i) of Part-II of the K.S. & S.S.R., who were in service during the period from 15.8.1998 to 15.8.1999. The petitioners claim the benefit of Ext.P2 Government Order and seek regularisation. W.P.(C) No.24985 of 2008 2 2. A Division Bench of this Court in State of Kerala v. Sasikala (2000 (1) KLT Short Notes 61, Page 54) has held that benefit of the Government decision whereby services of provisional employees appointed during the period from 1.1.1993 to 31.7.1994 under Rule 9(a)(i) of Part II of the K.S.& S.S.R. was regularised, is not available to those appointed on contract basis. A similar view was taken by another Division Bench in Sasikumar v. Secretary to Government (2000 (3) KLT 120). In the light of the above said decisions, the petitioners cannot claim the benefit of Ext.P2 Government Order, which applies only to persons appointed under Rule 9(a)(i) of Part II of K.S. & S.S.R for a period of 179 days. The writ petition fails and it is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.