IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 21819 of 2008(V) -------------------------- PETITIONER: ------------ N.ASIM KHAN , S/O.MOHAMMAD T.C. NO. 1/1911, KUMARAPURAM MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM ATTENDER GRADE -II MENTAL HEALTH CENTER THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 2. THE MENTAL HEALTH CENTER THIRUVANANTHAPURAM, REPRESENTED BY ITS SUPERINTENDENT 3. THE DISTRICT MEDICAL OFFICER HEALTH, THIRUVANANTHAPURAM BY SR.GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.21819 of 2008 -------------------------- Dated this the 21st August, 2008 J U D G M E N T The petitioner is working on daily wages as Attender Gr.II in the Mental Health Centre, Thiruvananthapuram. He had earlier approached this Court relying on Exhibit P2 letter dated 20.10.2005 sent by the Superintendent, Mental Health Centre, Thiruvananthapuram to the District Medical Officer (Health), Thiruvananthapuram recommending regularization of existing daily wage employees. By Exhibit P3 judgment delivered on 8.12.2005, this Court directed the Government to consider the claim made by the petitioners and others. Pursuant to the said direction, the State Government directed the District Medical Officer (Health), Thiruvananthapuram to furnish the details of Hospital Attendants eligible to be regularized in service. The petitioner did not figure in the list of persons forwarded by the Superintendent, Mental Health Centre, Thiruvananthapuram. Later, the petitioner along with others filed a representation before W.P ( C) No.21819 of 2008 2 the Secretary to Government, Health & Family Welfare Department. They again moved this Court in W.P (C) No.34647 of 2007. By Exhibit P8 judgment delivered on 23.11.2007, this Court directed the Government to consider the representation submitted by the petitioner and to take a decision thereon within a period of two months from the date of receipt of a copy of that judgment. Thereupon, Exhibit P9 order dated 28.1.2008 was issued holding that as the petitioner was not appointed through the Employment Exchange by the District Medical Officer, he is not eligible to be regularized in service. This writ petition was thereupon filed challenging Exhibit P8 and seeking regularization in service as Attender Gr.II. The petitioner has also prayed that in the alternative, the second respondent may be directed to engage him on daily wage basis. A statement has been filed on behalf of the respondents to the effect that as the petitioner was not found eligible for regularization, his request in that regard was rejected. It is also stated that as there are large number of daily W.P ( C) No.21819 of 2008 3 wage employees, all of them cannot be retained at a time and therefore they are being posted on rotation basis for nine days at a stretch and reengaged after a day's break. When the writ petition came up for admission today, the learned counsel appearing for the petitioner submitted that as the petitioner has been found ineligible to be regualrised in service, the writ petition may be disposed of recording the statement made by the third respondent that the petitioner will be engaged on daily wages for nine days at a stretch and reengaged thereafter for similar periods with a days break in between. Smt. M.R Sreelatha, the learned Senior Government Pleader appearing for the respondents submitted that so long as there is need for the services of the petitioner, he will be engaged as Attender on rotation basis as stated in the statement. In the light of the said submission, no further orders are required in this writ petition. The writ petition is accordingly closed. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.21819 of 2008 4 W.P ( C) No.21819 of 2008 5