IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WA.No. 317 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5310/2007 Dated 16/08/2007 .................... APPELLANT: 5TH RESPONDENT IN THE W.P.(C) ------------------------- SREEJAN M.K., AGED 36 YEARS S/O.KUTTAPPAN, RESIDING AT MUNDAPLACKAL HOUSE KARIPPALANGADU P.O., KULAMAVU VIA. IDUKKI DISTRICT, PIN-685 601. BY ADV. SRI.P.T.DINESH SMT.REKHA VASUDEVAN RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 4 IN THE W.P.(C) -------------------------- 1. MINI RAJENDRAN ALIAS MINIMOL T.N., PART-TIME SWEEPER ON DAILY WAGES (NOW OUT OF EMPLOYMENT), PRE-MATRIC HOSTEL FOR BOYS, VAZHATHOPPU, IDUKKI COLONY P.O., RESIDING AT VELLISSERIL, MARIMPALANGAD P.O., IYYAKKADU, IDUKKI DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR SCHEDULED TRIBE DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM. 4. THE PROJECT OFFICER INTEGRATED TRIBAL DEVELOPMENT (ITDP) IDUKKI IDUKKI DISTRICT. 5. TRIBAL EXTENSION OFFICER IDUKKI COLONY P.O., IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.317 of 2008 ===================== Dated this the 9th day of June, 2008. JUDGMENT Koshy,J. The writ petitioner was appointed as a Part-time Sweeper on 29.10.2002 on a monthly remuneration of Rs.600/- in the Government Industrial Training Centre. Her services were terminated and in her place, the fifth respondent was appointed on a temporary basis by Ext.P2. Originally, she did not question the termination as there was no legal right and she also joined as a Cook on daily wages. But after the decision of this Court in Mercy v. State of Kerala - 2004(2) K.L.T. 848, the petitioner was entitled to continue and the Government has accepted that decision as can be seen from the Government order issued in 2005, according to which the Sweeper employed prior to 6.10.2003 can be retained in service. Since the petitioner was appointed as Part-time Sweeper in 2002, she is entitled to the above benefit under the Government order. But after the termination of her service she joined as a Cook, which service was also terminated. Therefore she approached this Court. 2. The learned single Judge after considering the factual aspects held that the petitioner's termination in 2003 was illegal WA 317/08 -: 2 :- and the petitioner is entitled to continue in service, especially considering Ext.P3 order dated 25.11.2005. If the petitioner was continuing in the temporary post, the appellant could not have been appointed. It is also contended by the appellant that he belongs to S.T. Community and that he has passed S.S.L.C. But it is the petitioner's case that she also belongs to S.T. Community and that she has obtained higher marks than the appellant in S.S.C.C. and she is living more close to the establishment in question. In any event, we see no ground to disagree with the judgment of the learned single Judge. However, if there are vacancies, the Government may consider the case of the appellant for accommodating him in similar service as he was appointed through the Employment Exchange. With the above observation, the appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 10/6