IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 17122 of 2009(I) -------------------------- PETITIONER(S): --------------- K.G.MADHUSUDHANAN NAIR, AGED 55 YEARS, S/O.K.GOPINATHAN NAIR, HEAD COOK (ON DAILY WAGES), ESI HOSPITAL, PEROORKADA, RESIDING AT MADATHUVILAKATHU VEEDU, VAYYAMOOLA, VALLAKKADAVU P.O., TRIVANDRUM. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR, INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR (SOUTH ZONE), INSURANCE MEDICAL SERVICES, POLAYATHODE, KOLLAM. 4. SUPERINTENDENT, ESI HOSPITAL, PEROORKADA, TRIVANDRUM. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.17122 of 2009 ================== Dated this the 14th day of July, 2009 J U D G M E N T The petitioner retired as a cook from the ESI hospital, Peroorkada. After retirement, by Ext.P2, he was engaged as a cook in the same hospital on daily wage basis. In that order, it was also stated that his appointment would only be till a regular hand is appointed through employment exchange or otherwise. Now the petitioner apprehends discontinuance of his contract employment. The petitioner challenges such discontinuance. 2. I have heard the learned counsel for the petitioner and the learned Government Pleader. 3. A person who has retired from service and is engaged on daily wage basis, has no right whatsoever to continue in that post. His contract engagement can be dispensed with at any time. In fact, in Ext.P2 itself the right to terminate his services without any notice is reserved. When scores of other unemployed persons are waiting in the queue, a retired person cannot claim to continue in service on the basis of a contract appointment. The petitioner has not been able to prove any legal right in this regard. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2