IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 8773 of 2005(T) ------------------------- PETITIONER: ------------ M.RAHIYA BEEVI, K.R.HOUSE, PUTHAYAM KARUKONE P.O., ANCHAL 691 324. BY ADV. SRI.C.V.BIMAL ROY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATHS, OFFICE OF THE DIRECTOR OF PANCHAYATHS, TRIVANDRUM. 3. ALAYAMON GRAMA PANCHAYATH, MEENKULAM, CHANNAPETTA P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT MEDICAL OFFICER, KOLLAM. 5. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ALAYAMON, KOLLAM. BY ADV. SRI.M.R.RAJESH GOVERNMENT PLEADER, SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 8773/2005/T APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 23/3/2000 ISSUED BY THE 3RD RESPONDENT. EXT. P2: COPY OF THE CIRCULAR DATED 16/12/1999 ISSUED BY THE 4TH RESPONDENT. EXT. P3: COPY OF THE LETTER, CERTIFICATE AND ATTESTED COPY OF ATTENDENCE REGISTER OF THE PETITIONER FOR THE MONTH OF NOVEMBER, 2004 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT. P4: COPY OF THE LETTER, CERTIFICATE AND ATTESTED COPY OF ATTENDENCE REGISTER OF THE PETITIONER FOR THE MONTH OF DECEMBER, 2004 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT. P5: COPY OF THE LETTER, CERTIFICATE AND ATTESTED COPY OF ATTENDENCE REGISTER OF THE PETITIONER FOR THE MONTH OF JANUARY, 2005 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT. P6: COPY OF THE LETTER, CERTIFICATE AND ATTESTED COPY OF ATTENDENCE REGISTER OF THE PETITIONER FOR THE MONTH OF FEBRUARY, 2005 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT. P7: COPY OF THE LETTER DATED 5/2/2005 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT. P8: COPY OF THE COMMUNICATION DATED 3/1/2005 ISSUED BY THE 3RD RESPONDENT. EXT. P9: COPY OF THE REPRESENTATION DATED 11/3/2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE JP V.GIRI, J. ------------------------- W.P.(C).No.8773 of 2005 ------------------------- Dated this the 3rd day of March, 2008. JUDGMENT The petitioner is aggrieved by the termination of her services as Hospital Attendant Grade II. She was appointed on daily wage basis, without being sponsored by the Employment Exchange. In such circumstances, she is not entitled to claim regularization of service or absorption into regular service. The fact that she was not sponsored by the Employment Exchange was made clear by the Government in the review petition [R.P.No.11/07 in this writ petition], filed by the Government, which was allowed and thereafter the writ petition was directed to be posted for a fresh hearing. Obviously, the petitioner was not either entitled to reinstatement in service or to continue in service till regular PSC hands join duty. 2. Learned counsel for the petitioner brings to my notice a decision taken by the Government as evidenced by Circular dated 8.5.2006. A perusal of the said circular shows it is in relation to casual sweepers in the Panchayat. Obviously, the circular has nothing to do W.P.(C).NO.8773/05 :: 2 :: with the engagement of Hospital Attendants Grade II, which is governed by a separate Government Order. 3. However, if there is any amount due to the petitioner for the period during which she had worked and the same has not been disbursed, she may move the 4th respondent in that regard, who shall take appropriate action. Subject to the above, the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy//