IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 15844 of 2007(J) --------------------------------------- PETITIONER(S): ------------------------ V.LALITHA, PUTHUVELIL PUTHEN VEEDU, POREDUM, CHADAYAMANGALAM, KOLLAM, WORKING AS PEON BRC CHADAYAMANGALAM, KOLLAM. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENT(S): -------------------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE PROJECT OFFICER (S.S.A), KERALA, D.P.E.P., 4TH FLOOR CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM. 4. DISTRICT PROJECT OFFICER, S.S.A.(SARVA SIKSHA ABHIYAN), KOLLAM. 5. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCTION, KOLLAM. 6. PRIMARY EDUCATION DEVELOPMENT, SOCIETY OF KERALA (PEDSK), THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 7. BLOCK OFFICER OF S.S.A., CHADAYAMANGALAM, KOLLAM. R1 BY ADV. SRI.P.PARAMESWARAN NAIR, CGC R2 TO R5, R7 BY GOVERNMENT PLEADER SRI.VTK.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.15844/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE 4TH RESPONDENT DATED 16/10/2003. P2 COPY OF THE ORDER IN WP.14903/2007 OF THIS HON'BLE COURT. P3 COPY OF THE ORDER IN WP.15402/2007 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15844 OF 2007 ---------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT The petitioner is a Peon working on daily wages as per Ext.P1 appointment order in the Sarva Siksha Abhiyan Project, which is a joint project of the Central and State Governments. The petitioner has filed this writ petition apprehending termination from service. According to the petitioner, the petitioner is a member of a Scheduled Caste. The petitioner seeks the following reliefs: “a. Declare that the petitioner is entitled to continue in service till the successful completion of the Sarvasiksha Abhiyan Project and their services are no liable to be terminated for accommodating others. b. issue a writ of mandamus or other appropriate writ direction or order directing them to produce the rules/regulations/guidelines/norms relation the service conditions of the employees engaged in Sarvasiksha Abhiyan project. c. To issue a writ of prohibition any or any or other appropriate order or direction restraining the respondents from terminating the service of the petitioner for the purpose of accommodating other temporary hands and without issuing any written order. d. To issue a writ of mandamus or any other appropriate writ order or direction to the respondents to allow the petitioner to continue in service till the completion of the Sarvasiksha Abhiyan project”. W.P.(C)No.15844/07 2 2. This Court had, while admitting this writ petition, passed the following interim order on 25.5.2007. “Admit. Issue notice. If the service of daily wage Peons are required in the office of the 7th respondent, the petitioner shall be preferred to fresh daily rated hands. But, this will not stand in the way of appointing regular hands or Employment Exchange hands. 3. A counter affidavit has been filed on behalf of respondents 2 and 3 taking the stand that the petitioner is only a temporary employee and the petitioner cannot claim to continue for ever. After having heard the learned Government Pleader, I dispose of this writ petition in terms of the interim order. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15844/07 3 W.P.(C)No.15844/07 4