IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 10991 of 2010(Y) --------------------------------------- PETITIONER(S): ------------------------- 1. KRISHNAMMA C, VETTATHARAYIL, VELIYAZEEKKAL P.O., PERUMBILLI, ALAPPUZHA DISTRICT. 2. SULTHAN S.V.,SUDHALAYAM, KAPPIL KIZHAKKU KRISHNAPURAM, ALAPPUZHA 3. STEPHAN L., PANTHALATHU PARAMBIL, TRIPERUMTHURA P.O., CHENNITHALA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN SRI.V.K.RAJANANDAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR INDIAN SYSTEM OF MEDICINE, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, ALAPPUZHA. BY GOVT. PLEADER M.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10991 of 2010 (Y) --------------------------------- Dated, this the 18th day of May, 2010 J U D G M E N T The petitioners were engaged as Attenders in Ayurvedic Dispensaries. Their initial engagements were on daily wage basis for a period of 179 days, that term expired long ago. It is stated that they have been continued even thereafter. They claimed regularisation, and that was negatived by this Court by Ext.P5 judgment. 2. Now they have approached this Court challenging Ext.P4 communication issued by the District Medical Officer requiring to dispense with the services of persons like the petitioners, and that those qualified in terms of Government Order dated 19/11/2008 be engaged, and that in the absence of such qualified hands, retired employees can be considered for engagement. According to the petitioners, candidates qualified in terms of the Government Order referred to above are not available and that Ext.P4 is only a rule to re-engage retired hands. WP(C) No.10991/2010 -2- 3. Irrespective of the contentions, fact remains that the petitioners were daily waged employees, whose term of appointment has expired long ago, and their claim for regularisation also has been negatived. In such a situation, they have no right to continue in service. If that be so, they cannot impugne Ext.P4. Independent of that, if Ext.P4 is considered, it does not spell out any illegality. It only says that qualified hands could be engaged and in their absence, retired hands can be considered for engagement. Therefore, on the one side, the petitioners have no right to continue in service, and on the other side, there is no illegality in Ext.P4. The writ petition is dismissed. (ANTONY DOMINIC, JUDGE) jg