IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 24567 of 2008(Y) -------------------------- PETITIONER: ------------ SAMSON SAMUEL, WORK SUPERINTENDENT, THIRUVALLA MUNICIPALITY, THIRUVALLA. BY ADV. SRI.T.R.RAJAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE THIRUVALLA MUNICIPALITY, REP. BY ITS SECRETARY, THIRUVALLA. BY ADV.S.SUBASH CHAND FOR R2 GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, ALONG WITH W.P.(C).24911/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C)s. 24567/2008 & 24911/2008 -------------------- Dated this the 20th day of August, 2008 JUDGMENT The petitioners are persons with disability. They were appointed as Work Superintendent in Tiruvalla Municipality by Ext.R2(a) order dated 15.2.2008. Their appointment was for a period of 179 days from the date on which they joined duty. The term for which the petitioner in W.P.(C).24567 of 2008 was appointed as per Ext.R2(a), expired on 16.8.2008 and in the case of the petitioner in W.P.(C).24911 of 2008, the period for which he was appointed will expire on 21.8.2008. These writ petitions were filed contending that in the absence of regular hands recruited by the Kerala Public Service Commission, the petitioners are entitled to continue in service till regular hands join duty. The petitioner in W.P. (C).24567 of 2008 has submitted Ext.P5 representation dated 19.5.2008, to the Special Secretary to Government, Local Self Government Department, seeking regularization. The Secretary, Tiruvalla Municipality, has W.P.(C).24567/2008 2 in reply to a query from the Director of Urban Affairs, sent Ext.P6 letter in reply. An additional report evidenced by Ext.R2(e) was also sent by the Secretary, Thiruvalla Municipality, to the Director of Urban Affairs. 2. The reliefs sought in W.P.(C).24567 of 2008 are as follows:- (a). Issue a writ in the nature of mandamus or any other writ, order or direction commanding the 1st respondent to take appropriate action upon Ext.P5 petition within a time limit to be fixed by this Honourable Court after affording an opportunity of being heard and stay the termination of services of the petitioner till orders are passed on Ext.P5. (b). Issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents not to terminate the services of the petitioner till any PSC selectee joins the post held by the petitioner. W.P.(C).24567/2008 3 3. The reliefs sought in W.P.(C).24911 of 2008 are as follows:- (a). Issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents not to terminate the services of the petitioner till any PSC selectee joins the post held by the petitioner. (b). Issue a writ in the nature of mandamus or any other writ, order or direction commanding the 1st respondent to regularize the services of the petitioner within a time limit to be fixed by this Hon'ble Court. 4. Though the prayers are not identical, in effect the relief sought by the petitioners is to permit them to continue in service and to regularize their services. It is not in dispute that the regular method of appointment to the post of Work Superintendent is through the Kerala Public Service Commission and the appointing authority is the Director of Urban Affairs. The W.P.(C).24567/2008 4 petitioners were not appointed following the regular procedure. They were appointed by the Secretary of Tiruvalla Municipality from among a panel of candidates forwarded by the District Employment Officer, Pathanamthitta. Appointment through the Employment Exchange is not a regular method of appointment to the post of Work Superintendent. In such circumstances, the petitioners cannot claim any right to continue in the post. They are governed by the terms of their appointment which restricts it to 179 days. A Division Bench of this Court has in Sreekala v. Supdt, Old age Home (2008 (2) KLT 13), held that even if one of the methods of appointment to a post in the Last Grade service is through the Employment Exchange, there can be provisional appointment to that post through the Employment Exchange and unless the appointment is made by the competent authority after following the presented procedure, the appointee will have no right to claim regularization. The principle laid down by this Court in the aforesaid decision applies to W.P.(C).24567/2008 5 the facts of this case also. I therefore, hold that the petitioners have no right to continue in service beyond the term of their appointment, or claim regularization in service. The writ petition accordingly fails and it is dismissed. P.N.RAVINDRAN, Judge mrcs