IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WA.No. 2365 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29069/2008 Dated 04/11/2008 .................... APPELLANT(S): PETITIONER IN WP(C) --------------------------------- V.NAFEESA @ KUNJUMOL, D/O.LATE ABOOBACKER, PART TIME SWEEPER ON FIXED REMUNERATION, VETERINARY HOSPITAL, PERUMBADAPPU (PO),MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): RESPONDENTS IN WP(C) -------------------------- 1. THE VETERINARY ASST.SURGEON, VETERINARY HOSPITAL, PERUMBADAPPU(PO), MALAPPURAM DISTRICT. 2. THE DISTRICT ANIMAL HUSBANDRY OFFICER, ANIMAL HUSBANDRY DEPARTMENT, CIVIL STATION, MALAPPURAM. 3. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER DTI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2365 of 2008 ------------------------------------- Dated 10th December, 2008 JUDGMENT Koshy,J . Appellant/petitioner was employed as a Part-time Sweeper in September, 1996 in the office of the first respondent for a few months and then she was replaced by an employment exchange hand. Thereafter, she was employed in the first respondent's office in September, 2007 through local Kudumbasree Society. On 19.7.2003 Government issued an order stating that part-time sweepers can be appointed only on the advice of Employment Exchange and those who were not appointed through Employment Exchange should be terminated. This court interfered at that time. Thereafter, Ext.P1 order was passed. At paragraph 10 of the above order, it is stated that the persons whose services were terminated as per the Government Order dated 19.7.2003 can be considered for regularisation. Petitioner was not terminated in view of the Government Order issued in 2003. Her earlier appointment on provisional basis was not through Employment Exchange. When an Employment Exchange hand was replaced, the services of the appellant was terminated six years before the Government Order dated 19.7.2003. Therefore, she is not entitled to get the benefit W.A.2365/2008 2 of Ext.P1 order. She was again employed in 2007. As per the Government Order dated 25.11.2005, till the Employment Exchange advises persons, at the maximum one can be appointed through Kudumbasree only for a period of two months. Therefore, appointment of the appellant in 2007 itself is illegal unless she is appointed though Kudumbasree and if appointed through Kudumbasree, maximum tenure of service is only two months. Appellant has no legal right to approach this court for regularisation. If such benefits are given on the basis of sympathy, that will only open a chance for backdoor appointment. We fully agree with the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks