IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28724 of 2011(M) -------------------------- PETITIONERS: --------------- 1. SATHEESH K.N., KANJIRATHINKAL HOUSE, MANALVAYAL P.O., PULPALLY VIA., ERALAM, WAYANAD DISTRICT. 2. K.K.PAULOSE, S/O.KORAH, KANNADAN HOUSE, MANDANDIKUNNU, BATHERY P.O., WAYANAD DISRICT. 3. DINESH C.K., S/O.PRABHAKARAN, PRAYAMKODU HOUSE, MOOLAMKAVU P.O., S.BATHERY, WAYANAD DISTRICT. 4. LEELA, W/O.RAGHAVAN, KAKKADATH HOUSE, VAKERI P.O., WAYANAD. 5. SIVADASAN A.K., S/O.THANKAPPAN, ANIKKOOTTATHIL HOUSE, MOODAKOLLI P.O., WAYANAD. BY ADV. MR. P.BABU KUMAR MR. P.YADHU KUMAR RESPONDENTS : --------------- 1. THE SUPERINTENDENT, REPRESENTING TALUK HOSPITAL, S.BATHERY, PIN-673592. 2. PRESIDENT, HOSPITAL MANAGEMENT COMMITTEE, TALUK HOSPITAL, S.BATHERY, PIN-673592. BY SENIOR GOVERNMENT PLEADER MR. E. M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) 28724 OF 2011 APPENDIX PETITIONERS' EXHIBITS EXT.P1 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER ISSUED BY THE IST RESPONDENT DTD.20/2/08. EXT.P2 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER ISSUED BY THE IST RESPONDENT DTD.13/7/10. EXT.P3 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER ISSUED BY THE IST RESPONDENT DTD.4/9/10. EXT.P4 TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE IST PETITIONER ISSUED BY THE IST RESPONDENT DATED NIL. EXT.P4(A) TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE 2ND PETITIONER ISSUED BY THE IST RESPONDENT DATED NIL. EXT.P4(B) TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE 3RD PETITIONER ISSUED BY THE IST RESPONDENT DATED NIL. EXT.P4(C) TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE 4TH PETITIONER ISSUED BY THE IST RESPONDENT DATED NIL. EXT.P4(D) TRUE PHOTOCOPY OF THE IDENDITY CARD OF THE 5TH PETITIONER ISSUED BY THE IST RESPONDENT DATED NIL. EXT.P5 TRUE PHOTOCOPY OF THE LIST ISSUED BY THE IST RESPONDENT 22/9/2011. EXT.P6 TRUE PHOTOCOPY OF THE JUDGEMENT IN OP.13303/01 OF THE HON'BLE HIGH COURT OF KERALA DATED 31/10/11/ RESPONDENTS' EXHIBITS /TRUE COPY/ P.A TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 28724 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th October, 2011 JUDGMENT The petitioners are stated as appointed as security staff under the first respondent for specified number of days as per Ext. P1 series appointment orders. The petitioners are aggrieved of the decision taken by the respondents to put an end to their service and hence are before this Court praying for a direction to be given to the 4th respondent not to terminate them from service, contending that they have been appointed only after due process of selection and interview and as such, they are eligible to continue in the service till they attain age of 60 years. The petitioners are also relying upon Ext. P6 judgment passed by this Court in similar circumstances to substantiate their claim. 2. Heard the learned Government Pleader as well. 3. Temporary appointment given to the petitioner was based only on a summary selection process and for the particular period as specified in Ext. P1 series appointment orders, which cannot confer any right upon the petitioner to have the service continued or regularized in any manner. Appointment given on contract basis is liable to be come W.P. (C) No. 28724 of 2011 : 2 : to an end, unless the contract is otherwise extended. Coming to the reliance sought to be placed on Ext. P6 judgment, this Court does not find any law declared therein. Further, the said judgment was passed on account of a cause of action arose prior to 31.10.2001. The law has been made in crystal clear terms by the Apex Court in Secretary, State of Karnataka Vs. Umadevi (2006 (4) SCC 1) holding that the temporary/provisional hands like the petitioners do not have any vested right to be regularized. The Writ Petition is devoid of any merit. No interference is called for. It is dismissed accordingly. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd