IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 OP.No.26144 of 2000(K) ---------------------------- PETITIONERS: ---------------- 1. P.P. ABDUL MANAF, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT PUTHIYAPURA, KADAMATH ISLAND, UT OF LAKSHADWEEP. 2. K.C. MUTHUKOYA, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT UKKAYACHETTA, KADAMATH ISLAND, UT OF LAKSHADWEEP. 3. C.P. HAMZA, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT MULLACHETTA, KADAMATH ISLAND, UT OF LAKSHADWEEP. 4. C. ABDUL KADER, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT CHAMAYAN, KADAMATH ISLAND, UT OF LAKSHADWEEP. 5. K.K. ABOOBACKER, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT UKKAYACHETTA, KADAMATH ISLAND, UT OF LAKSHADWEEP. 6. ABDULSHUKOOR T.I., CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT THEKKILLAM, KADAMATH ISLAND, UT OF LAKSHADWEEP. 7. P.S. BASHEER, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT AMBAN, KADAMATH ISLAND, UT OF LAKSHADWEEP. OP.No.26144/2000 ...2... 8. P.P. ATTAKIDAVE, CHOWKIDAR, WATER SUPPLY SCHEME, KADAMATH ISLAND, RESIDING AT PUTHIYAPURA, KADAMATH ISLAND, UT OF LAKSHADWEEP. BY MR. SHAFIK M.A, ADVOCATE. MR.C.P.MOHAMMED NIAS, ADVOCATE. RESPONDENTS: ------------------ 1. UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS, NEW DELHI. 2. THE ADMINISTRATOR, U.T. OF LAKSHADWEEP, KAVARATTI. 3. THE SUPERINTENDING ENGINEER, LAKSHADWEEP PUBLIC WORKS DEPARTMENT, KAVARATTI, U.T. OF LAKSHADWEEP. 4. THE CHAIRPERSON, VILLAGE (DWEEP) PANCHAYATH, KADAMATH ISLAND, U.T. OF LAKSHADWEEP. BY MR.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R2 & R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No.26144/2000 Order on C.M.P.No.43945/2000 in OP.No.26144/2000 & Order on I.A.No.13507/2003 in OP.No.26144/2000 ------------------ Closed. 23.03.2009 Sd/- S. SIRI JAGAN, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER F.No.10/1/1089/83-81 DTD. 23.2.1983 OF the 1VTH RESPONDENT. EXT. P2 : COPY OF the PROCEEDINGS F.No.1/1/91-92 AWAM DTD. 31.01.1992 OF THE CHAIRMAN, AWAM SOCIETY, KADMAT. EXT. P3 : COPY OF THE ORDER F.No.W(XII)/SE/165/88 DTD. 3.2.94 OF THE 3RD RESPONDENT. EXT. P4 : COPY OF THE ORDER F.No.1/12/94-LSKA DTD. 8.6.95 ISSUED BY THE JOINT SECRETARY OF the L.S.K.A. TO THE 3RD RESPONDENT. EXT. P5 : COPY OF the OM No.51016/2/90-ESTT(C) DTD. 10.9.93 ISSUED BY THE 1ST RESPONDENT. EXT. P6 : COPY OF the ORDER DTD. 2.7.97 IN O.A.No.1442/95 OF the HONOURABLE C.A.T, ERNAKULAM BENCH. EXT. P7 : COPY OF the ORDER F.No.1/18/95-DP DTD. 1.11.97 OF THE 2ND RESPONDENT. EXT. P8 : COPY OF THE JUDGMENT DTD. 22.3.99 IN O.A.No.839/98 OF the HONOURABLE C.A.T, ERNAKULAM BENCH. EXT. P9 : COPY OF the LETTER DTD. 21.07.99 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT. P10 : COPY OF the ORDER F.No71/2/2000-AB2/876 DTD. 14.7.2000 ISSUED BY THE 3RD RESPONDENT. EXT. P11 : COPY OF the ORDER F.No.71/1/99 AB2/(1)DTD. 16.8.99 OF the 3RD RESPONDENT. EXT. P12 : COPY OF THE LETTER No.F.No.5/2/98-VP (KDT) ISSUED BY THE 4TH RESPONDENT. OP.No.26144/2000 EXT. P13 : COPY OF THE REPRESENTATION DTD. NIL/07/2000 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT. P14 : NIL. EXT. P15 : COPY OF the ORDER DTD. 21.3.2003 OF THIS HONOURABLE COURT IN ORIGINAL PETITION No.18246/2002. RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF F.No.1/3/93-94 AWAM DTD. 10.9.93 ISSUED BY THE CHAIRMAN, AWAM SOCIETY, KADMAT. EXT. R2(b) : COPY OF the LAKSHADWEEP PANCHAYATS REGULATION 1994. EXT. R2(c) : COPY OF LETTER F.No.13/2/98-DOP DTD. 2.2.2000. EXT. R2(d) : COPY OF ORDER F.No.40011/4/99-ESTT (C) DTD. 10.11.00. EXT. R2(e) : COPY OF JUDGMENT DTD. 2.7.97 IN O.A.No.835/96 FROM THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT. R2(f) : COPY OF JUDGMENT DTD. 2.7.97 IN O.A.No.803/95 FROM THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT. R2(g) : THE REVIEW REPORT OF THE PROGRAMME. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ O.P.No.26144 OF 2000 ---------------------------------------- Dated this the 23rd day of March, 2009 JUDGMENT The petitioners claim to be employees of the 4th respondent – Panchayat in the Union Territory of Lakshadweep. They seek the following reliefs in this original petition. “(1) To call for the records relating to Exhibits P-1 to P-13 and issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents II and III to grant Temporary status to the petitioners immediately on the basis of exhibit P-5 scheme; Or in the alternative (2) to issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 1 st respondent to Take appropriate action to modify the rules if necessary and to issue an appropriate scheme in order to confer Temporary status and regularisation to the petitioners; (3) to quash Exhibit P-10 being illegal, arbitrary and is made beyond powers conferred on the Authority; and to issue a declaration that the petitioners are entitled to be conferred with permanency in their engagement as chowkidars of the Water Supply Scheme of the Kadamath Island; (4) Issue an order of Interim stay of operation of Exhibit-P-10 Order pending final decision in the Original Petition”. Some other employees of the 4th respondent, contending that O.P.No.26144/200 2 they are employees of the Lakshadweep administration approached the Central Administrative Tribunal seeking identical reliefs. Reliefs were granted to them by the Tribunal as follows: “1. The second respondent i.e., the Lakshadweep Administration would adopt the Department of Personnel & Training Casual Labourer (Grant of Temporary Status and Regularisation) Scheme 1998 and prescribe it prospectively to the Panchayats for granting temporary status to casual labourers as per the parameters of the scheme. 2. The first respondent. i.e., the Union of India in the Ministry of Personnel, Public Grievances and Pension would ensure that the appropriate legal and technical formalities are completed and the Scheme is made applicable expeditiously. 3. From the date of issue of these orders and until the Lakshadweep Administration prescribes the scheme to the Panchayats for regularisation of eligible causal workers, no regular appointments would be made by the Panchayats in respect of at least two third of the regular vacancies in Group D which would be kept reserved for the regularisatin of the casual workers under the scheme. 4. No casual workers, including the applicants, who are in the service of the Panchayats on the date of issue of these orders would be retrenched on the face of availability of work or for making way for fresh recruits without considering them for the grant of temporary status if eligible as per the scheme” A Division Bench of this Court, in W.P.(C) No.18238/2004, set aside the order of the Central O.P.No.26144/200 3 Administrative Tribunal and held that the said employees are not eligible for regularization in service. Since the employees involved in that judgment are also employees similarly situated like the petitioners herein, they cannot also get a different relief. Therefore, following that judgment, I dismiss this writ petition. S. SIRI JAGAN, JUDGE Acd O.P.No.26144/200 4