IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 30202 of 2004(U) -------------------------- PETITIONER(S): --------------- 1. P.R. THANKAPPAN, AGED 38 YEARS, S/O. LATE RAMAN, PULAKKAVIL HOUSE, SOUTH PARAVOOR P.O., ERNAKULAM., COOK IN GOVT.OBSERVATION HOME, KAKKANAD. 2. ANIRUDHAN. T.P., AGED 35 YEARS, S/O. LATE PARAMESWARAN, THAMARAPARAMBIL HOUSE, AZHEEKKAL P.O., VYPPIN, ERNAKULAM., COOK IN ASHA BHAVAN, HOME FOR MENTALLY CURED PERSON (MEN) KAKKANAD, ERNAKULAM BY ADV. SRI.M.L.SAJEEV SRI.M.N.SANJITH RESPONDENT(S): --------------- 1. THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT, GOVT.OBSERVATION HOME, KAKKANAD, ERNAKULAM. 3. THE SUPERINTENDENT, ASHA BHAVAN, HOME FOR MENTALLY CURED PERSON (MEN), KAKKANAD, ERNAKULAM. GOVT. PLEADER SRI. P.NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.30202 OF 2004 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True photocopy of the appointment order of petitioner No.2 dt.24.05.2004. Ext.P2: True photocopy of the order of respondent No.1 dt.04.05.1981. Ext.P3: True photocopy of the representation submitted by petitioner No.1 dt.7.10.2004. Ext.P4: True photocopy of the representation submitted by petitioner No.2 dt.7.10.2004. Ext.P5: True photocopy of the interim order in W.P.(C)No.20807 of 2004 of this Hon'ble Court dt.14.07.2004. Ext.P6: True photocopies of the appointment orders of Smt.P.T.Annie dt.04.11.2006 and 16.12.2006. Ext.P7: True photocopy of the representation submitted by petitioner No.1 dt.15.03.2008. Ext.P8: True photocopy of the representation submitted by petitioner No.2 dt.15.03.2008. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 30202 OF 2004 -------------------------------------------- Dated this the 1st day of February, 2010 JUDGMENT This Writ Petition has been filed with the following prayers: i) writ of mandamus or any other appropriate writ, order or direction directing respondent No.1 to issue necessary directions to respondent No.2 to retain the petitioners in service. ii) writ of mandamus or any other appropriate writ, order or direction directing respondent No.1 to retain the petitioners in services as cooks in their respective institutions, till regular hand joins duty by disposing off Exhibit-P3 and P4 representations. The prayer sought in the Writ Petition would reveal that the limited prayer of the petitioners is for a direction to the first respondent to retain them in services as cooks in their respective institutions till regular hands join duty. The learned Government Pleader submitted that the case of the petitioners is squarely covered by the decision of this Court in Sreekala v. Supdt., Oldage Home reported in 2008 (2) KLT 13. In the light of the decision in Sreekala's case (supra), the petitioners cannot claim to retain them in services based on their provisional appointment, as a matter of right. However, it is a fact that in view of the interim direction, the petitioners are continuing in service on provisional basis. The petitioners have already filed Exts.P3 and P4 W.P.(C) NO.30202 of 2004 2 representations before the first respondent for the limited prayer i.e, to retain them in services as cooks in their respective institutions till regular hands join duty. Therefore, Exts.P3 and P4 representations if not already disposed of, shall be considered and disposed of by the first respondent expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.30202 of 2004 3 C.T. RAVIKUMAR, J. CRL. M.C. NO. O R D E R 3rd June, 2009