IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 OP.No. 16533 of 2001(R) ---------------------------------- PETITIONER(S): ---------------------- 1. P. VIJAYAN NAIR, VIJI BHAVAN, MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM 2. R. JAYACHANDRAN, KAKKATHARA VEEDU, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM. 3. P. VIJAYAN NAIR, VIJAYA BHAVAN, T.C.42/390(1), SREE VARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM. 4. K. BHUVANENDRAN, PULIYARATHALA VEEDU, THITTAMANGALAM, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. 5. RAJENDRAN P., MAVUNINNAVILA VEEDU, VENPAKAL, MULLUVILA P.O., THIRUVANANTHAPURAM. 6. R. SURESHKUMAR, RAJ NIVAS, MELLARANOOR, KARAMANA P.O., THIRUVANANTHAPURAM. 7. V. SREEKUMAR, KUNNUVILA VEEDU, PERUKAVU P.O., THIRUVANANTHAPURAM. 8. M. SUDHAKARAN NAIR, GIREEJA VILASOM, MANGATTU CODE P.O., THIRUVANANTHAPURAM. BY ADV. MR.P.GOPALAKRISHNAN NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRCTOR OF PRI NTING, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER MR.P. NANDAKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 16533/2001-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER G.O.(RT)NO.998/98/H.EDN. DATED 01/09/1998. EXT.P2: COPY OF THE ORDER NO.17240/97/EI. DATED 05/10/1999. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 27/12/1999. EXT.P4: COPY OF THE ORDER G.O.(MS)NO.5/2001/TRAN. DATED 15/02/2001. EXT.P5: COPY OF THE JUDGMENT IN O.P. NO. 5822/2000 OF THIS HONOURABLE COURT DATED 29/02/2000. EXT.P6: COPY OF THE ORDER NO.805/H3/2000/H.EDN. DATED 24/08/2000. EXT.P7: COPY OF THE ORDER G.O.(MS)NO.41/2006/H.E.D DATED 01/03/2006. EXT.P8: COPY OF THE LIST OF PERSONS WHO ARE REGULARISED. EXT.P9: COPY OF THE LETTER NO.16368/05/G2 DATED NIL. EXT.P10: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DATED 22/09/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.N.RAVINDRAN, J. ----------------------------- O.P No. 16533 of 2001-R ------------------------------ Dated this the 21st day of May, 2009. J U D G M E N T The petitioners who are workers engaged in various Government Presses to do loading and unloading work, claim regularisation in service on the ground that they have been thus engaged for the past nearly 20 years. Ext.P1 order dated 1.9.1998 states that petitioners are doing loading and unloading work in various Government Presses for the past 19 years. Nearly 10 years have been passed after Ext.P1 order was issued. Going by Ext.P1 it would appear that the petitioners have been doing the loading and unloading work for the past 29 years. In my opinion the Government should therefore consider the question whether the petitioners are entitled to regularization. As a matter of fact, Ext.P9 would disclose that the Director of Printing has recommended regularization of their services. I accordingly dispose of this writ petition with the direction that in the event the petitioners filing an appropriate representation before the Secretary to Government, Higher Education Department setting out their claims and O.P No. 16533 of 2001-R 2 contentions within one month from today, the Government shall consider the same and pass orders thereon within three months from the date on which such representation is filed, having due regard to the recommendations of the Director of Printing in Ext.P9. The Government shall while taking a decision in the matter also have due regard to the fact that the petitioners have been doing the loading and unloading work for the past nearly three decades. The Government shall before passing orders as directed above, afford the petitioners a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab O.P No. 16533 of 2001-R 3