IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16039 of 2009(Y) --------------------------------------- PETITIONER(S): ----------------------- 1. SUDHEESH POOVATAN, SUBHASH BHAVAN, PALAYOD, KIZHALLUR P.O., PIN-670 612, KANNUR DISTRICT. 2. KAMALAKSHAN K.P., KAKKOPARAVAN HOUSE, CHOOLIYAD, MALAPPATTOM P.O., KANNUR DISTRICT. 3. BHARGAVAN E.P., KALEMPETH HOUSE, KALARIKKODE, ARALAM P.O., KANNUR DISTRICT. 4. SAJEEVAN MANIKKOTH, VALAYAAL, KIZHALLOOR P.O., KANNUR DISTRICT. BY ADVS. MR.P.M.PAREETH MR.MOHAMMED SHAMEEL RESPONDENT(S): ------------------------- 1. KERALA STATE BEVERAGES, (MANUFACTURING & MARKETING) CORPORATION LTD., P.B.NO.2263, SASTHA KRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS MANAGING DIRECTOR. 2. GENERAL MANAGER (ADMINISTRATION), KERALA STATE BEVERAGES,(MANUFACTURING & MARKETING) CORPORATION LTD., P.B.NO.2263, SASTHA KRIPA OFFICE COMPLEX, SASTHAMANGALAM,THIRUVANANTHAPURAM-695010. 3. MANAGER, KERALA STATE BEVERAGES,(MANUFACTURING & MARKETING) CORPORATION LTD., FL-9 WARE HOUSE, KANNUR-670 002. W.P.(C) 16039/2009 4. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SC, R1 TO R3 BY ADV. MR.ELVIN PETER P.J. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 16039 of 2009-Y ------------------------------ Dated this the 10th day of June, 2009. J U D G M E N T Heard Sri.P.M.Pareeth, the learned counsel appearing for the petitioners, Sri.Elvin Peter P.J, the learned Standing Counsel appearing for respondents 1 to 3 and Smt.Anu Sivaraman, the learned Government Pleader appearing for the fourth respondent. The petitioners who claim to be persons with disability, were appointed as Helpers purely on a provisional basis in the Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd., for a period of six months by Ext.P2 order dated 8.1.2009. Ext.P2 specifically states that the persons appointed on provisional basis for six months shall have no right to continue in service beyond the term of their appointment or claim regularisation in service. It is also stated that their services are liable to be terminated as and when a regular hand reports for joining duty or the Corporation decides to terminate their services or the period of 180 days expires. Relying on the stipulations in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 the petitioners contend that they are entitled to continue in service till they are replaced by persons with disability recruited through the Kerala Public Service Commission. W.P(C) No. 16039 of 2009-Y 2 Ext.P2, the order of appointment specifically states that the appointment is for a period of six months. It is also specifically stated that it will be open to the Corporation to terminate the services of petitioners after the expiry of 180 days from the date on which they were appointed. The petitioners who were appointed purely on a provisional basis for a period of six months cannot claim any right to continue in service beyond the term for which they were appointed. Further a Division Bench of this Court has directed the Kerala State Beverages (Manufacturing and Marketing) Corporation to terminate the services of provisional employees and to replace them with regular hands recruited after following the prescribed procedure. I therefore find no merit in the claim made by the petitioners that they are entitled to continue in service till they are replaced by other persons with disability. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab