IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 W.A.No. 2897 of 2009 -------------------------------------- AGAINST THE JUDGEMENT IN WPC.2060/2007 Dated 20/07/2009 .................... APPELLANT(S)//5TH RESPONDENT: ---------------------- P.M.RAMAKRISHNAN, CLERICAL ASSISTANT, NOW RE-DESIGNATED AS PART TIME CONTINGENT SWEEPER, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL CENTRE, KOYILANDY, KOZHIKODE - 673 330, RESIDING AT PAZHAYANAMEETHAL, NADUVATHUR P.O., QUILANDY, KOZHIKODE - 673 330. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN, SMT.DHANYA CHANDRAN & SRI.T.S.SHYAM PRASANTH RESPONDENT(S)// PETITIONER & RESPONDENTS 1 TO 4: ------------------------- 1. M.A.SUJATHA, SWEEPER ON DAILY WAGES, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL CENTRE, KOYILANDY, KOZHIKODE-673 330. 2. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REPRESENTED BY THE REGISTRAR KALADY, ERNAKULAM-683 574. 3. THE SYNDICATE OF SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REPRESENTED BY THE VICE CHANCELLOR, KALADY, ERNAKULAM-683 574. 4. THE DIRECTOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL CENTRE, KOYILANDY, KOZHIKODE-673 330. 5. STATE OF KERALA, REPRESENTED BY THE ADDL.CHIEF SECRTARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. N. SUGATHAN. R2 TO R4 BY ADV. SRI. P.K.VIJAYAMOHAN. R5 BY SR. GOVT. PLEADER SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No. 2897 of 2009 ---------------------------------------------- Dated 4th January, 2010. J U D G M E N T Balakrishnan Nair, J. The appellant was the 5th respondent in the writ petition. The writ petitioner is the first respondent herein. The said respondent filed the writ petition challenging Ext.P7 order of the University to the extent it regularized the appellant as Part Time Contingent Sweeper, on regular basis. According to her, she was the Sweeper working in the Quilandy Regional Centre of the second respondent University. She complained that the appellant was always working either in Class IV post or Class III post. Therefore, he is not entitled to get the benefit of Ext.P5, which was meant for the benefit of Part Time Sweepers, who were working on the date of issuance of that order. Under the cover of that order, the appellant was regularized by Ext.P7. Her challenge to Ext.P7 was upheld by the learned Single Judge. As a result, the appellant was terminated and the first respondent was appointed in his place. Feeling aggrieved by the judgment of the learned Single Judge, the appellant has preferred this appeal. 2. It is common ground that the appellant has WA NO.2897/09 2 never worked as Part Time Sweeper under the University. Therefore, he is not entitled to get the benefit of Ext.P5. So, we find nothing wrong with the judgment of the learned Single Judge. Accordingly, the Writ Appeal fails and it is dismissed. But this judgment will not affect the rights, if any, of the appellant to claim the benefit of the judgment of the Apex Court in Secretary to the State of Karnataka and others v. Umadevi(3) and others (2006(4) SCC 1). K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No. 2897 of 2009 ---------------------------------------------- J U D G M E N T Dated 4th January, 2010.