IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 19047 of 2009(A) -------------------------- PETITIONER(S): --------------- D.PHILIP, AGED 50 YEARS, S/O. S. THANKAPPAN (EX-ANIMAL HANDLER, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, TRIVANDRUM) RESIDING AT NO.21/11-A, ASARIMARU STREET, KARKADU, SUCHEENDRAM, KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ RESPONDENT(S): --------------- 1. THE DIRECTOR, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, MEDICAL COLLEGE ROAD, THIRUVANANTHAPURAM - 695 011. 2. THE HEAD, BI0-MEDICAL TECHNOLOGY WING, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, SATELMOND PALACE, POOJAPPURA, THIRUVANANTHAPURAM - 695 012. BY ADV. SRI.T.R.RAVI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19047 of 2009 -------------------------- Dated this the 24th September,2009 J U D G M E N T It seems that the petitioner was working on daily wages as a supplier of animal fodder for different spells with the 1st respondent for the period from 1994 to 2000. He was engaged in different capacities as Casual Labourer/Lab Attendant/Animal Handler etc., during the said period. 2. According to the 1st respondent, he was not engaged in any capacity after 2000. 3. First respondent issued a notification inviting persons for appointment to the post of Animal Handler in April 2009. It seems that the petitioner did not apply to the said post. Process of recruitment is still going on. This writ petition has been filed seeking a direction to the respondents to consider the petitioner for appointment to the post of Animal Handler taking into consideration the service rendered by him for the period from 26.4.1994 to 31.03.2000. W.P ( C) No.19047 of 2009 2 4. A statement has been filed on behalf of the 1st respondent. Paragraphs 3 and 4 of the statement read as follows: " 3. The petitioner had been associated with the Institute as a supplier of fodder. He had been appointed during the period from 1994 to 2000 in various spells, in different capacities as casual labourer, lab attendant, animal handler etc. He has not been appointed in any capacity after 2000. In 2008, the Institute had called for applications to the post of Animal Handler (Temporary) to which the petitioner had applied. Even though he participated in the interview he did not succeed. The Institute has notified a regular vacancy in the post of Animal Handler and called for applications during April, 2009. The petitioner has not applied for the post. Without even participating in the selection process, the petitioner seeks appointment on the basis of representations. Even the representation produced on Exhibit P12, said to have been submitted on 4.5.2009 is not in the form of an application but has been written as a query. This respondent can make appointments only as per the Statute, Rules and Regulations governing the Institute. 5. A reply affidavit has been filed by the petitioner. 6. There is no material to show that the petitioner was engaged in regular capacity at any point of time. Respondents also concede that he was engaged in different W.P ( C) No.19047 of 2009 3 spells on a casual basis prior to 2000. The present recruitment for the post of Animal Handler was commenced in April 2009. Petitioner did not apply for the said post. He cannot claim any priority/preference or privilege on the basis of different spells of casual engagement during the period from 1994 to 2000 in different capacities. 7. Learned counsel for the petitioner submits that on the basis of the representation filed by the petitioner Ext.P9 dated 2.1.2008, he was called for an interview for the post of Animal Handler, as evidenced by Ext.P10. He had participated in the interview but he was not selected. 8. Learned counsel for the respondents submits that there was a temporary post of Animal Handler available in 2008 and petitioner's representation was treated as an application and he was called for an interview. He was not selected. The same is not the subject matter of challenge in this writ petition. 9. The first respondent has undertaken the process of selection to the post of Animal Handler on a regular basis. W.P ( C) No.19047 of 2009 4 Petitioner has not chosen to apply. He cannot claim any privilege on the basis of different spells of casual engagement in different capacities prior to 2000. I find no merit in the writ petition. Writ petition is accordingly dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.19047 of 2009 5 W.P ( C) No.19047 of 2009 6