IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 20760 of 2011(T) -------------------------------- PETITIONER: -------------- GOPAL SANKAR.A., BANGLAVIL HOUSE, PUTHUPPALLY SOUTH P.O., KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD) REPRESENTED BY THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, THIRUVANANTHAPURAM-695001. BY ADV. SRI.V.A.MOHAMMED, SC, IHRD FOR R2 SRI.M.A. FAYAZ, SR. GOVERNMENT PLEADER FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.20760/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 8.12.00. EXT. P2 : COPY OF CERTIFICATE DTD. 18.6.05. EXT. P3 : COPY OF BIO-DATA OF PETITIONER. EXT. P4 : COPY OF JUDGMENT DTD.15.3.11 IN W.A.1616/10 AND CONNECTED CASES. EXT. P5 : COPY OF ORDER DTD. 17.6.11. EXT. P6 : COPY OF REPRESENTATION DTD.10.7.11 SUBMITTED BEFORE R2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20760 OF 2011 --------------------------------------- Dated this the 20th day of October, 2011. J U D G M E N T The petitioner, who has worked as Workshop Assistant on ad hoc basis from 15.04.2002 till 20.12.2006, seeks for re-engagement in service. 2. Reliance is placed on Ext.P4 judgment of a Division Bench of this Court in Writ Appeal No.1616/2010. It is averred in the writ petition that the parties before the Division Bench were engaged on provisional basis. Ext.P6 is the representation filed by the petitioner. 3. It is averred in the counter affidavit filed by the 2nd respondent that when the service of the petitioner was not required, he was terminated. This Court as such cannot give a direction to the 2nd respondent to re-engage the petitioner as an engagement depends upon the necessity and on satisfaction of the requirement for any appointment on daily wage basis or provisional basis. W.P.(C) No.20760/2011 2 Therefore, the 2nd respondent will give a suitable reply to the petitioner on Ext.P6 representation within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp