IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 26544 of 2004(I) ---------------------------------------- PETITIONER(S): ----------------------- R. MOHAN, BOILER ATTENDANT, KERALA HEALTH RESEARCH AND WELFARE SOCIETY I.V. FLUID MANUFACTURING UNIT, MCH CAMPUS THIRUVANANTHAPURAM-695 011. (P.M. NIVAS, NEAR LUTHERAN CHURCH, KARAZHI, PARASSALA P.O. THIRUVANANTHAPURAM.) BY ADVS. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.V.V.MATHEW RESPONDENT(S): -------------------------- 1. KERALA HEALTH RESEARCH AND WELFARE SOCIETY, REPRESENTED BY MANAGING DIRECTOR, KERALA HEALTH RESEARCH AND WELFARE SOCIETY GENERAL HOSPITAL CAMPUS, RED CROSS ROAD, THIRUVANANTHAPURAM-695 037. 2. PROJECT OFFICER, KERALA HEALTH RESEARCH AND WELFARE SOCIETY, I.V. FLUID MANUFACTURING UNIT, MCH CAMPUS, THIRUVANANTHAPURAM-695 011. 3. MANUFACTURING CHEMIST, KERALA HEALTH RESEARCH AND WELFARE SOCIETY, I.V. FLUID MANUFACTURING UNIT, MCH CAMPUS, THIRUVANANTHAPURAM-695 011. ADV. SRI.BABU JOSEPH KURUVATHAZHA, SC.KHRWS SRI.ASOK M.CHERIAN,SC,KHRWS SRI.M.AJAY,SC,KHRWS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26544 of 2004-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011. JUDGMENT The petitioner was working as a Boiler Attendant on daily wage basis in the I.V. Fluid Manufacturing Unit of Kerala Health Research and Welfare Society. The writ petition is filed seeking for a direction to the first respondent to allow the petitioner to continue in service and regularise him in the post of Boiler Attendant with all consequential benefits. 2. The petitioner was initially appointed as a temporary Boiler Attendant on daily wage basis in the unit of the first respondent on 22.1.1997. Successive appointments resulted in the enhancement of wages. Finally, he was given a consolidated pay of Rs.3,000/- by Ext.P4 order. During different spells the appointments were continued, but with a break and only for 179 days. In the meanwhile, the amount was enhanced to Rs.4,000/-. The petitioner took leave on medical grounds for Ayurvedic treatment in the year 2003 for a period of one year. After the treatment was over, he submitted an application for allowing him to rejoin duty. The petitioner rejoined duty on 6.8.2004 and thereafter from 12.8.2004 he was not allowed to continue. It is in these circumstances, the writ petition has wpc 26544/2004 2 been filed. 3. In the counter affidavit filed by the first respondent, it is mainly pointed out that the petitioner is not entitled for any regularisation, as the appointments were only temporary in nature. It is pointed out that even fresh engagement can be only in terms of the rules also. The appointment, if any, done was only in the exigencies of service. It is therefore pointed out that the first respondent cannot re-engage the petitioner as now demanded. Evidently therefore, the petitioner cannot be granted regularisation. 4. Learned counsel for the petitioner submitted that at least the petitioner may be considered for engagement of a similar nature, as vacancies existing. Learned Standing Counsel for the first respondent submitted that now there is no Boiler Unit. 5. In that view of the matter, the petitioner will not be entitled for any of the reliefs in the writ petition. If at all in future the Boiler Unit is revived, the petitioner can file an appropriate representation. The writ petition is thus dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/