IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 25075 of 2008(I) ------------------------------------ PETITIONER(S): ----------------------- 1. BEENA V.M., VATTATHUPARAMBIL HOUSE, CHEROOR P.O., NEAR MARUTHUR TEMPLE, THRISSUR, KERALA. 2. SAJINI, KARUMALIL HOUSE, KUDAVACHOOR POST, VAIKOM, KOTTAYAM, KERALA. 3. SHYNA P.K., PANIYATHU HOUSE, PUTHUKKADU POST, NEAR KELI BRIDGE, THRISSUR,KERALA. 4. MANIYAN K.V., KUZHIKANDATHIL HOUSE, NALLORNADU P.O., MANANTHAVADY (VIA), WAYANAD, KERALA. 5. RAJA MURALI K.P., CHENNOTHU HOUSE, RECPO, KOZHIKODE, KERALA. BY ADV. SRI.JOMY GEORGE SRI.P.REJINARK SRI.O.K.MURALEEDHARAN SRI.LITHIN THOMAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURA, KERALA. W.P.(C) NO.25075/2008 3. THE DIRECTOR, STATE T.B. DEMONSTRATION & TRAINING CENTRE, THIRUVANANTHAPURAM, KERALA. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.25075 of 2008 ====================================== Dated this the 14th day of October 2008 JUDGMENT The petitioners, who had formerly served as Treatment Organizers/Senior Treatment Supervisors in various T.B.Centres in the State since 1996, pursuant to their appointment on contract basis by Ext.P2 order dated 28.10.1997, moved the Government by filing a representation claiming regularisation in service. Thereafter they filed W.P.(c) Nos.8736 of 2007 and 31878 of 2007. By judgment delivered on 15.3.2007 and 26.10.2007 respectively in W.P.(C) No.8736 of 2007 and W.P.(C)No.31878 of 2007, this Court directed the State Government to consider the representations filed by the petitioners and take a decision thereon. Thereupon by Ext.P7 letter dated 18.12.2007, the third respondent informed the petitioners that they have no right to be regularised in service. The petitioners have in this writ petition challenged Ext.P7 and prayed for a writ in the nature of mandamus commanding the respondents to re-appoint them as Treatment Organisers Grade II and to regularise them in service. 2. A statement has been filed on behalf of the second respondent. It is stated that the method of appointment to the post of Treatment Organizer Grade II is by direct recruitment through the Kerala Public Service Commission. It is stated that since there was no live list of candidates prepared by the Kerala W.P.(C)25075/2008 2 Public Service Commission and as qualified hands were not available in the Employment Exchanges also, as a temporary measure, candidates who possessed the requisite qualifications were appointed on contract basis for a period of six months. The respondents contend that the petitioners who were appointed on contract basis for a period of six months have not been selected through the Kerala Public Service Commission and have no right to claim re-appointment or regularisation in service. 3. The petitioners were admittedly appointed on contract basis for a period of six months. Their term of appointment expired more than a decade back. The petitioners cannot on the strength of their earlier appointment for a period of six months, claim re-appointment in service or regularisation in service when the regular method of appointment is by direct recruitment from the open market through the Kerala Public Service Commission. The petitioners have no right to insist that they should be re- appointed and regularised in service. They are bound by the terms of appointment order. No legal right exists in them to seek the reliefs prayed for. The writ petition fails and is accordingly dismissed in limine. P.N.RAVINDRAN, JUDGE css/