IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 6783 of 2009(P) ------------------------- PETITIONER(S): --------------- S.SHAHIDA, SHEENATHI BHAVAN, PADA NORTH, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, ENGINEERING COLLEGE, KARUNAGAPPALLY, KOLLAM DISTRICT. R1 G.P. SHRI A.J. VARGHESE ADV. SRI.N.N. SUGUNAPALAN, SENIOR ADVOCATE FOR R2 SRI.S.SUJIN, SC, IHRD FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6783 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2009. JUDGMENT The petitioner was working as a Part-time Sweeper under the second respondent in their Engineering College at Karunagappally. The petitioner had been trying to get a regular appointment in terms of the service rendered by him. Earlier, the petitioner approached this court by filing Writ Petition No.4371/2007, challenging the termination from service. In Ext.P4 judgment, this court recorded the submission made by the respondents that they will finalise the procedure for recruitment of last grade servants, part- time sweepers and ad hoc employees in terms of the resolution dated 9.7.2007 whereby they have resolved to approve the recruitment policy for regular appointment of last grade servants and part time employees under the Institute. 2. Ext.P5 is a notification dated 14.2.2009 issued by the second respondent wherein applications have been invited for appointment to the post of last grade servants in various establishments. The complaint raised by the petitioner is that the notification has been issued in violation of the policy that is reflected in the resolution produced before this court while wpc 6783/2009 2 rendering Ext.P4 judgment. 3. As directed by this court, the second respondent has filed a statement. It is submitted that at the time of termination of the petitioner, no undertaking was given that he will be absorbed under the IHRD service. Annexure A1 is the rules for recruitment of last grade servants and part-time sweepers. Going by para 5.5 of the said rules, in the case of appointment of Part-time Sweepers/Sanitary workers, the procedure followed in Government Department shall be extended to IHRD. They have clearly stated that there will be a selection through Employment Exchange. 4. It is explained that Ext.P5 submitted by the petitioner pertains to recruitment of last grade servants. The statement further explains that as far as the appointment of part time sweepers are concerned, a separate method of recruitment exists and the two categories are different. 5. In the above view of the matter, the grievance raised by the petitioner in the writ petition cannot survive. The respondents have already adopted the rules as per Annexure A1. For any recruitment in respect of part-time sweepers, the method provided therein will be followed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/