IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 OP.No. 39635 of 2002(R) ----------------------------------- PETITIONER(S): ------------------------ 1. A.N.INDIRA DEVI, TC 7/1044, RETNABHAVAN, MARUTHAKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM 2. REENA S.R., USHA BHAVAN, THIRUVALLAM P.O THIRUVANANTHAPURAM 3. PARAMESWARAN KUTTY, TC 16/838, MEMANA HOUSE, JAGATHY, THIRUVANANTHAPURAM 4. U.S.SAJI, SAROJ, TC 31/1068, PETTA, THIRUVANANTHAPURAM BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. CORPORATION OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY, CO-OPERATION BUILDING, TRIVANDRUM. R1 BY GOVERNMENT PLEADER SMT.NISHA BOSE R2 BY ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ORDER ON C.M.P.NO.66469/2002 IN O.P.NO.39635/2002 DISMISSED 22/06/2011 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REQUEST SUBMITTED BY THE MAYOR BEFORE DATED 14/2/2001 1ST RESPONDENT. P2 COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT DATED 11/5/01. P3 COPY OF THE ORDER NO.R3-41644/98 DATED 19/5/2001. P4 COPY OF THE ORDER NO.25827/A2/01 DATED 20/5/2002. P5 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 17/09/02. P6 COPY OF THE RESOLUTION DATED 27/9/02. P7 COPY OF THE ORDER NO.40586/A2/02 DATED 13/12/2002. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.39635 of 2002-R - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2011. JUDGMENT This writ petition is filed by the petitioner, aggrieved by the direction in Exts.P4 and P7 letters issued by the Government to the Corporation directing to terminate the temporary employees like the petitioners. 2. The petitioners are working as Data Entry Operators on a temporary basis. They were engaged on daily wage basis and by Ext.P2, permission was granted to continue them till further orders are issued. It is evident from Ext.P3 proceedings of the Corporation that the appointment is only on temporary basis. 3. Learned Senior Counsel appearing for the Corporation submitted that in the light of the interim orders, the petitioners are continuing. There was a resolution passed by the Corporation, as evident from Ext.P6, to continue the temporary engagement on daily wages and to seek permission of the Government. Going by the pleadings, it can be seen that the service of the petitioners were required by the Corporation and evidently no sanctioned posts are there for making regular appointment. Therefore, the Corporation will have to resort to temporary engagement and what has been op 39635/2002 2 done is to continue them on daily wage basis. No counter affidavit has been filed by the first respondent. 4. In that view of the matter, the direction to terminate the services of the persons like the petitioners as per Ext.P7, was premature. It is upto the Corporation to take a decision with regard to their disengagement at any point of time. Since they are continuing in service, the Corporation will be free to take appropriate decision with regard to their continuance and other matters. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ op 39635/2002 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No.39635 of 2002-R - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 22nd day of June, 2011.