IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 28880 of 2009(D) -------------------------- PETITIONER(S): ------------------ 1. SNITHA.K.S, W/O.RAMDAS.M.R, AGED 25 YEARS, SURYA BHAVAN, S.N.PURAM, PANANGAD.P.O, PIN-682 506. 2. TRESA DIVYA.P.G, W/O.JOBY MATHEW.K.M, KOLLAMPARAMBIL (H), KEERTHINAGAR ROAD, MARADU.P.O, PIN-682 304. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): -------------------- 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY. 2. THE CHAIRMAN, HEALTH STANDING COMMITTEE, COCHIN CORPORATION. 3. COCHIN CORPORATION COUNCIL, REPRESENTED BY ITS SECRETARY. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R1 TO 3 SRI.S.RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28880 OF 2009 (D) ===================== Dated this the 19th day of November, 2009 J U D G M E N T Petitioners were appointed as Data Entry Operators on contract basis from 25/5/2004 and 11/7/05 respectively. Periodically, the period of the contract has been extended. This continued inspite of Exts.P3 and P4 by which the Government directed cancellation of such contract appointments and on the basis of which proceedings were initiated by Ext.P4. 2. The present grievance is that by Ext.P5 dated 8/10/2009, it has been decided to terminate their services. According to the petitioners, the termination of their appointment is only to pave way for fresh adhoc appointments as in their case. It is stated that the petitioners shall not be replaced by another set of similar adhoc appointees. 3. From 2004 and 2005, this adhoc system has been continuing and there is no indication about discontinuing the system. The continued engagement of Data Entry Operators like the petitioners since 2004 and 2005 as above, prima facie indicates the existence of regular requirement of such personnel. WPC 28880/09 :2 : If that be so, there is no reason why an instrumentality of the State like the Corporation of Kochi should continue this adhoc system thereby giving rise to various allegations like favoritism. This is precisely what the petitioners are now saying. Therefore, it is high time that the Corporation should dispense with the adhoc system and take steps for regular appointment if they feel that the continuance of Data Entry Operators is necessary. 4. Irrespective of the claims raised, fact remains that the petitioners also entered service as Data Entry Operators on contract basis through back door. If the term of the contract has expired, petitioners have no right to continue. By lapse of time, even if a contract appointment comes to an end, that cannot even amount to retrenchment as contemplated under the Industrial Disputes Act. Now that the term of appointment of the petitioners has expired, I cannot find fault with the Corporation, if they decided to dispense with the engagement of the petitioners. 5. Therefore, in the absence of any legal right for the petitioners to continue, I cannot find fault with the decision of the Corporation evidenced by Ext.P5 to dispense with their services. WPC 28880/09 :3 : 6. Be that as it may, it will be open to the Corporation to consider the candidature of the petitioners also if they make interim arrangement or adhoc contract appointment, till they make appointment on regular basis. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp