IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 18839 of 2011(D) -------------------------- PETITIONER(S): --------------- 1. PREETHA.S, SWEEPER, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM. 2. GIRIJA.L, SWEEPER, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM. 3. USHAKUMARI.S, SWEEPER, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM. 4. SHYLAJA.S, SWEEPER, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM. 5. LEKSHMI, SWEEPER, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM. 6. BABY.K, SWEEPER, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM. 7. SATHEE KUMAR.A, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 8. ULLASKUMAR.V, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 9. RAJENDRAN.C.V, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 10. BIJU GOVIND.G.P, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 11. VENUKUTTAN.P, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 12. SHIBU.S.D, GARDENER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 13. SATHEESAN.U, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 14. M. KARUNAKARAN, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 15. R.N. RAMESH, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 16. RAJAN.K, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 17. SAJITH KUMAR.S, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 18. R. RETHNAKARAN, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 19. ANIL KUMAR.K, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 20. SATHYARAJAN.S, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 21. ANULAL.S.S, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 22. S. AJAYAKUMAR, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 23. SANTHOSH KUMAR.R.S, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 24. SUJI.R, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 25. SAJIMON.A.K, GARDNER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 26. SREEJITH, KEEPER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 27. RAJESH.S.N, KEEPER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 28. VINOJ KUMAR.B, KEEPER, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 29. SABU KUMAR.B, GUARD, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. 30. SURESH.R, GUARD, MUSEUMS AND ZOOS,THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE DIRECTOR OF MUSEUMS AND ZOOS, THIRUVANANTHAPURAM - 695 007. 2. THE SERGEANT, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM - 695 007. 3. THE GARDEN SUPERINTENDENT, MUSEUMS AND ZOOS, THIRUVANANTHAPURAM - 695 007. 4. THE CURATOR, MUSEUMS AND ZOOS, THIRUVANANTHPAURAM - 695 007. GOVERNMENT PLEADER SRI.A.J.VARGHESE-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.18839 OF 2011 APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF THE PROCEEDINGS ORDER NO.MZ(D)629/2009 OF THE 1ST RESPONDENT. P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDEDNTS' EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18839 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioners are working as Sweepers/Gardeners/Keepers/Guards in Botanical Garden, Museum and Zoos in Thiruvananthapuram under the first respondent, since 2001. This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to regularise the service of the petitioners. 2. A statement has been filed in this Writ Petition on behalf of the first respondent. It is stated therein that going by the Special Rules for Last Grade Service, the post of Sweepers, Gardeners, Keepers etc. have to be filled up either by promotion from Part time Contingent Employees of the Department or in the absence of suitable hands, by recruitment through Employment Exchange. The post of Guards are to be filled up by effecting direct recruitment through the Kerala Public Service Commission. Only on account of the dearth of sufficient number of regular hands and the circumstances prevailing in the Department that persons like the petitioners are engaged on daily wage basis against the sanctioned strength as Sweepers, Gardeners, Keepers and Guards. At the time of their W.P.(C) NO.18839 of 2011 2 engagement itself, the petitioners were let known about the nature of their engagement and also of the fact that they would be having no right to stake any claim for regular appointment. In paragraph 5of the statement it is stated thus:- “The daily waged Sweepers, Gardeners, Keepers and Guards are engaged on daily wages, against sanctioned strength and their service is terminated as and when permanent hands selected through the methods, provided in the Kerala Last Grade Service Rules joins duty. This position is clearly made known to the petitioners who are engaged on daily wages and they have no right to stake claim for regular appointment. Regularisation of daily wage workers will adversely affect the aspiration of the candidates, who have registered their names in the Employment Exchanges and waiting for their turn. Hence the first respondent is not competent to regularize the service of the petitioners as the Special rules of the Department does not permit so.” It is also stated therein that the petitioners were not in service continuously and uninterruptedly. They were engaged only on intermittent spells with breaks. At times when the full strength of regular Sweepers, Gardeners, Keepers, Guards was not be available, workers on daily wage basis were engaged according to the requirement. It is thus obvious that being appointees on daily wage basis like the petitioners cannot claim for regularisation in view of the Special Rules for Last Grade Service pertaining to the aforesaid posts. It is made clear in the statement that their services would be terminated as and when permanent hands selected through the methods provided in the Kerala Last Grade Service Rules W.P.(C) NO.18839 of 2011 3 joins duty. This is recorded. The respondents shall permit the petitioners to continue as such in their respective posts subject to the requirement till regular hands joins duty. Considering the fact that the petitioners are being engaged on daily wage basis since 2001, there will be a further direction to the respondents to allow the petitioners as well while effecting appointments on regular basis in respect of posts the selection of which is not through the Kerala Public Service Commission, along with candidates sponsored through the employment exchanges. Subject to the above, this Writ Petition is disposed of. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18839 of 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010