IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 26075 of 2005(S) -------------------------- OA.293/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ S.NIRMALA DEVI, LADY AYAH/CONSERVANCY WORKER, AIR FORCE STATION, BEACH P.O., TRIVANDRUM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS: ------------- 1. THE COMMANDING OFFICER, (WING COMMANDER) HEAD QUARTERS, SOUTHERN AIR COMMAND, AIR FORCE STATION, TRIVANDRUM. 2. THE CHIEF ADMINISTRATIVE OFFICER, (WING COMMANDER), AIR FORCE STATION, BEACH P.O., TRIVANDRUM-695 007. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. BY ADV. SRI.DENU JOSEPH, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE APPOINTMENT ORDER ISSUED TO THE APPLICANT DATED 4.8.1992 EXT.P2 PHOTOSTAT COPY OF THE STTEMENT SHOWING DETAILS OF THE APPLICANT'S SERVICE. EXT.P3 PHOTOSTAT COPY OF THE ORDER DATED 18.11.1999 IN OA 306/98 OF THE CAT, ERNAKULAM. EXT.P4 PHOTOSTAT COPY OF THE LETTER NO. 17/FBSU/122/30/P1 DATED 17.11.1999 EXT.P5 PHOTOSTAT COPY OF THE REPRESENTATION DATED 9.12.1999 FILED BEFORE THE FIRST RESPONDENT. EXT.P6 PHOTOSTAT COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER EXT.P7 PHOTOSTAT COPY OF THE REPRESENTATION DATED 19.2.2002 TO THE COMMANDING OFFICER OF THE AIR FORCE STATION. EXT.P8 PHOTOSTAT COPY OF THE AMENDED OA FILED BY THE PETITIONER BEFORE THE CAT, ERNAKULAM. EXT.P9 PHOTOSTAT COPY OF THE ORDER DATED 1.5.2002 IN O.A.NO. 293 OF 2002 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXT.P10 PHOTOSTAT COPY OF THE REPLY STATEMENT DATED 23.7.2002 FILED BY THE RESPONDENTS IN O.A.NO.293 OF 2002. EXT.P11 PHOTOSTAT COPY OF THE REJOINDER DATED 11.2.2003 FILED BY THE PETITIONER IN OA NO.293 OF 2002 EXT.P12 PHOTOSTAT COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY AN OFFICER ATTACHED TO OFFICE OF THE RESPONDENTS 1 AND 2 DATED 21.2.1998 EXT.P13 PHOTOSTAT COPY OF THE ORDER DATED 8.3.1994 IN O.AN O. 581 OF 1992 OF THE CAT, ERNAKULAM. EXT.P14 PHOTOSTAT COPY OF THE ADDL. REPLY STATEMENT DATED 31.7.2003 FILED BY THE RESPONDENTS IN I.A.NO. 293 OF 2002 EXT.P15 PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT ON 8.12.2003 IN O.A.NO.293 OF 2003 EXT.P16 PHOTOSTAT COPY OF THE REJOINDER DATED 14.1.2004 FILED BY THE PETITIONER AGAINST EXT.P15 REPLY STATEMENT. EXT.P17 PHOTOSTAT COPY OF THE ORDER DATED 11.2.2005 IN O.A.NO. 293 OF 2002 OF THE CAT, ERNAKULAM. EXT.P18 PHOTOSTAT COPY OF THE PRESCRIPTION ISSUED BY THE DOCTOR IN M.I. ROOM, AIR FORCE STATION, TRIVANDRUM, IN FAVOUR OF THE PETITIONER ON 21.3.2005 EXT.P19 PHOTOSTAT COPY OF THE PRESCRIPTION ISSUED BY THE DOCTOR IN M.I. ROOM, 3 AIR FORCE STATION, TRIVANDRUM IN FAVOUR OF THE PETITIONER ON 18.4.2005 EXT.P20 PHOTOSTAT COPY OF THE RECEIPT ISSUED FROM THE CSD , AIR FORCE STATION, SHANGHUMUGHAM, TRIVANDRUM ON 2.4.2005 EXT.P21 PHOTOSTAT COPY OF THE RECEIPT ISSUED FROM THE CSD AIR FORCE STATION, SHANGHUMUGHAM, TRIVANDRUM ON 19.4.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 26075 OF 2005 -------------------------------------------- Dated this the 24th day of June, 2008 JUDGMENT Ramachandran Nair,J. Petitioner is challenging Ext.P17 by which Central Administrative Tribunal dismissed the petitioner's claim for regularisation in service of the first respondent. Petitioner was admittedly appointed as Ayah/Conservancy Worker on daily wage basis. The appointment was from August, 1992 onwards and petitioner appears to have continued till May, 2002. Even though petitioner's case is that even thereafter she continued upto April, 2005, the Tribunal rejected the claim for want of proof. Counsel for the respondents referred to the decision of the Supreme Court in SECRETARY, STATE OF KARNATAKA V. UMADEVI, A.I.R. 2006 SC 1806, wherein the Supreme Court held that long duration of temporary employment does not entitle an employee for regularisation in government service. Going by the law declared by the Supreme Court, 2 petitioner is not entitled to regularisation. Moreover in this case the appointment is not to any post, but is only on ad hoc basis by using the fund available with the first respondent. Therefore we do not find any ground to uphold the petitioner's claim for regularisation in service. However, we feel that since petitioner was appointed on and off for 10 years, her serives were generally acceptable to the respondents. If that be so, we do not think it would be reasonable for the respondents to decline her employment on daily wage basis without any right to regularisation merely because she has filed a case. Petitioner also submitted that similarly placed persons are continuously engaged on daily wage basis. Therefore while rejecting claim for regularisation, we direct the first respondent to continue the employment of the petitioner as and when vacancy is there on temporary basis. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3