IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 OP.No. 22132 of 2001(I) --------------------------------- PETITIONER(S): ----------------------- P.MOHANAN, S/O. LATE V.PONNAN, NOW WORKING AS HELPER, AEROMODELLING, 1 (KERALA) AIR SQUADRON, NCC., PATTAH, THIRUVANANTHAPURAM-24. BY ADV. MR.K.B.PRADEEP RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR GENERAL, NCC, NCC DIRECTORATE (K&L), STATE WING, COTTON HILL BUNGALOW, THIRUVANANTHAPURAM – 695 010. 3. OFFICIATING COMMANDING OFFICER, 1 (KERALA) AIR SQUADRON, NCC, PATTAH, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVT. PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.36132/2001 IN OP. 22132/2001 CLOSED 13/11/2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. 18.6.01 SUBMITTED BY THE PETITIONER TO the 2ND RESPONDENT. P2:- COPY OF THE LETTER DTD. 13.7.01 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P3:- COPY OF THE PROCEEDINGS DTD. 16.7.01 OF THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.22132/2001-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2009 J U D G M E N T The petitioner herein is employed under the respondents as Aeromodelling Helper from 1980 onwards. The petitioner filed this writ petition challenging Ext.P3 whereby he was sought to be terminated from 31/07/2001 for appointing a regular hand. 2. While admitting the writ petition, in C.M.P.No.36132/2001, this Court passed an order on 27/07/2001 to the following effect:- “There will be an interim direction not to disengage the petitioner for the only purpose of engaging others on daily wages.” 3. The respondents have not filed a counter affidavit opposing the prayers of the petitioner. Therefore, the said interim order is made absolute and there will be a direction that the petitioner shall not be disengaged for employment of any other temporary hands on daily wages. The writ petition is closed. No costs. (T.R. Ramachandran Nair, Judge.) ms