IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 WPC.No. 20220 of 2011 (B) ---------------------------------- PETITIONER ----------------- USHAKUMARI V., SWEEPER-CUM-SCAVENGER, KERALA AYURVEDIC STUDIES AND RESEARCH SOCIETY KOTTAKKAL, P.O.EDARIKODE, MALAPPURAM - 676 501. BY ADVS.SRI.N.SUGATHAN SMT.M.C.BINDUMOL RESPONDENTS ---------------------- 1. KERALA AYURVEDIC STUDIES AND RESEARCH SOCIETY, REPRESENTED BY THE EXECUTIVE DIRECTOR, KOTTAKKAL, P.O.EDARIKODE, MALAPPURAM - 676 501. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R1 BY SRI.T.R.RAVI, SC R2 BY GOVERNMENT PLEADER SRI.M. ABDULKHADAER THIS WRIT PETITION (CIVIL) HAVE BEEN FINALLY HEARD ON 22-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL WPC NO:20220/2011 (B) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DATED 19-01-2011 OF THE 1ST RESPONDENT TO THE PETITIONER P2: COPY OF RANKED LIST FOR APPOINTMENT TO THE POST OF SWEEPER-CUM- SC AVNGER PUBLISHED BY THE 1ST RESPONDENT P3: COPY OF ORDER DATED 31-01-2011 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P4: COPY OF JUDGEMENT DATED 5-6-1998 IN O.P.NO.8491/1992. P5: COPY OF REPRESENTATION DATED 13-07-2011 SUBMITTED BY THE PETITIONER TO THE 1ST REPONDENT REPONDENTS' EXHIBITS: R1: COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY DATED:5.09.2007 R2: COPY OF THE NOTIFICATION DATED 14.02.2011 R3: COPY OF THE LETTER DATED 13.06.2011 //TRUE COPY// P A TO JUDGE MJL K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 20220 OF 2011 ----------------------------------------------------------- Dated this the 22nd December, 2011. JUDGMENT The petitioner is working as a Sweeper-cum-Scavenger under the first respondent. She was appointed as per Ext.P3 for a period of 179 days from 31-1-2011 to 28-7-2011. She has filed this writ petition for a direction to continue in service as though she was appointed on regular basis. Though the term of her appointment has already expired, she is continuing to work, in view of the interim order passed by this Court. 2. The counsel for the first respondent submits that the process for selection of a regular hand to the post is in progress. The petitioner has also applied pursuant to Ext.R1(b) notification. Since a regular hand is about to be appointed, the first respondent assures that the petitioner would not be terminated until a regular hand is appointed pursuant to the notification Exts.R1(a) and (b). In view of the above submission, it is sufficient that this writ petition is disposed of recording the same. 3. This writ petition is accordingly disposed of recording the undertaking of the first respondent that the petitioner would not be WPC 20220/2011 2 terminated otherwise than by a regular hand appointed pursuant to the selection that is in progress pursuant to Exts.R1(a) and (b) notifications. The petitioner shall also be paid the salary for the period that she has worked. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge