IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 20958 of 2009(L) -------------------------------- PETITIONER: -------------- OMANA N.K., AGED 41 YEARS,W/O.BALAN,MOLOKKUDY HOUSE, ARUVAPPARA P.O.,MEKKAPPALA,VENGOOR VILLAGE, ERNAKULAM DISTRICT. BY MR.K.SUNILKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR, EDUCATION DEPARTMENT, KAKKANAD,ERNAKULAM. 2. THE HEAD MISTRESS,GOVT.L.P.SCHOOL, MEKKAPPALA,ARUVAPPARA P.O., VENGOOR VILLAGE. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20958 OF 2009 --------------------------------------- Dated this the 4th day of November, 2009. J U D G M E N T The petitioner seeks for a direction to the 2nd respondent to issue a Discharge Certificate in the proper form approved by the Employment Exchange showing the period of her engagement in the Government L.P.School, Mekkappala. 2. It is the case of the petitioner that she was working as a Sweeper in the 2nd respondent school from 22.11.2007 to 13.07.2008 on daily wages. Thereafter, on 14.07.2008 another man joined the school as Sweeper through the Employment Exchange. The petitioner was given a Discharge Certificate as per Exhibit P1 on her request. Exhibit P2 is another certificate which was furnished on her request. The petitioner seeks for issuance of Discharge Certificate in a proper form for production before the Employment Exchange for claiming seniority etc. 3. In the counter affidavit filed on behalf of the 2nd respondent, it is stated that one Sindu P.T. was working as W.P.(C) No.20958/2009 2 Part Time Contingent Menial and her appointment was from the list of candidates sponsored by the Employment Exchange. She was transferred to Government L.P.School, Kodanad on 21.11.2007, and thereafter a vacancy of Part Time Contingent Menial arose. Since there was nobody to serve as Part Time Contingent Menial, the 2nd respondent took up the matter with the P.T.A and it was decided to engage the petitioner herein to do menial works of the school twice in a week on daily wage basis at the rate of Rs.20/-. The said arrangement was done till a regular hand joins service on sponsoring by the Employment Exchange. It is the contention raised by the 2nd respondent that the engagement of the petitioner was only on a temporary basis, that too only for two days in a week and she was never appointed through Employment Exchange. The engagement was done by the P.T.A only. 4. Learned counsel for the petitioner submitted that a Certificate in a form prescribed under the Rule is required for production before the Employment Exchange and there is no difficulty to certify that the petitioner was appointed from the W.P.(C) No.20958/2009 3 open market also, going by the form prescribed. 5. The question is whether the 2nd respondent can be compelled to issue such a certificate. Admittedly, the petitioner was not sponsored by the Employment Exchange. Her engagement was not directly done by the 2nd respondent. It was only done by the P.T.A and the petitioner was being engaged only for two days in a week. These averments have not been disputed by the petitioner also. Therefore, the petitioner cannot compel the 2nd respondent to issue a Discharge Certificate in a proper form approved by the Employment Exchange. This writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp