IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 14686 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ 1. R.UNNIKRISHNA PILLAI, S/O. RAMACHANDRAN PILLAI, AGED 46 YEARS, KIZHAKKE KARANAMPATTU THEKKETHIL, USHA MANDIRAM,MALIBHAGAM, CHAVARA SOUTH.P.O., KOLLAM DISTRICT. 2. VINOD.M., S/O. MURALEEDHARAN, AGED 32 YEARS, BINDU BHAVANAM, NADUVATHUCHERRY, CHAVARA SOUTH,KOLLAM. 3. JAYAKRISHNAN.R., AGED 38 YEARS, UNNIKRISHNA VIHAR,VADAKUMBHAGAM, KOLLAM. 4. SARATHCHANDRAN PILLAI, AGED 49 YEARS, BINDU BHAVANAM, VADAKKUMBHAGAM,KOLLAM. 5. SANTHAKUMARA KURUP, AGED 49 YEARS, THARAYIL VEEDU, VADAKKUMBHAGAM, KOLLAM DISTRICT. 6. K. RADHAKRISHNA PILLAI, AGED 41 YEARS, USHA MANDHIRAM, CHAVARA SOUTH.P.O., KOLLAM. 7. CHANDRABABU,AGED 42 YEARS, NALLA KUTTIYIL, MALABHAGAM, CHAVARA SOUTH.P.O., KOLLAM. 8. NAZAR, AGED 35 YEARS, MALLAMKUNNI VADAKKETHIL,PALAKKAL, THEVALAKKARA, KOLLAM. 9. UDAYAKUMAR.P.K., AGED 44 YEARS, SREERAGAM, PADINJATTEKKARA.P.O., THEVALAKKARA, KOLLAM. 10. RAVEENDRAN, AGED 51 YEARS, R.A.BHAVANAM,PADINJATTEKARA.P.O., THEVALAKKARA, KOLLAM. 11. KRISHNAKUMAR, IIANJIKKAL MULLIKKALA, THEVALAKKARA, KOLLAM. BY ADV. SRI.NIDHI BALACHANDRAN sts 2/- -2- WP(C)NO.14686/2011 RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001. 2. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, KOLLAM. PIN- 691 001. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, SASTHAMCOTTA, KOLLAM.PIN- 689 001. 4. THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, CHAVARA, KOLLAM.PIN 689 001. R1 BY GOVERNMENT PLEADER SRI. SANDESH RAJA R2 TO R4 BY ADV.SRI.M.DINESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14686 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2011 J U D G M E N T The petitioners are temporary employees claiming to be working under the Kerala Water Authority as Pump Operators for the last more than 5 years. According to the petitioners, since no regular selection through the Kerala Public Service Commission has been made to the post the petitioners are entitled to continue in service till regular selection is made. The learned standing counsel for the Water Authority submits that the petitioners are not employees of the Water Authority, but they are contract workers and they cannot have any right to continue either as temporary or permanent workers. I have considered the rival contentions in detail. On 31.05.2011, I directed the counsel for the petitioners to satisfy this court that the petitioners were originally recruited as temporary employees after W.P.(C)No.14686 of 2011 -2- undergoing a selection process. Today the learned counsel for the petitioners admits that they have not undergone any selection process. Therefore even assuming that they are employees of the Kerala Water Authority which itself is denied by the counsel for the Water Authority, I do not think that the petitioners can be continued even as temporary employees insofar as other similarly placed persons like the petitioners are entitled to be considered for even temporary employment in Water Authority, which is a public employment. In the above circumstances, I am satisfied that the petitioners are not entitled to the reliefs prayed for. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/