Sudarsana Kumari v. The Manager
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 10629 of 2015 (C) ---------------------------- PETITIONER:
-------------------- SUDHARSANA KUMARI AGED 51 YEARS D/O.LATE K.P.RAMAN, KEETTUTHUNDATHIL, KANAKKARI P.O. KOTTAYAM (WORKED AS PART TIME SWEEPER IN KERALA STATE FINANCIAL ENTERPRISES MEDICAL COLLEGE BRANCH, KOTTAYAM).
BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENTS:
------------------------
1. THE MANAGER KERALA STATE FINANCIAL ENTERPRISES MEDICAL COLLEGE BRANCH, KOTTAYAM DISTRICT PIN - 686 008.
2. MARIYAMMA (WORKING AS PART TIME SWEEPER IN KERALA STATE FINANCIAL ENTERPRISES MEDICAL COLLEGE BRANCH, KOTTAYAM, PIN - 686 008. R1 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2015, ALONG WITH WPC. 10630/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10629 of 2015 (C) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1:
TRUE COPY OF THE JUDGMENT DATED 03/06/2002 IN OP NO. 1523/2002 OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R1(A) :
TRUE COPY OF THE JUDGMENT IN O.P. NO.22661 OF 2002 DATED 10.02.2003 EXT.R1(B) :
TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.1966 OF 2005 DATED 31.08.2005 EXT.R1(C) :
TRUE COPY OF THE ORDER DATED 05.08.2005 ANNX.R1(A) :
TRUE COPY OF THE LETTER BEING REF. NO.4380 DATED 26.08.2014 ISSUED BY THE 1ST RESPONDENT TO THE DISTRICT EMPLOYMENT OFFICER ANNX.R1(B) :
TRUE COPY OF THE APPOINTMENT ORDER DATED 20.08.2014 ISSUED TO KUTTYAMMA ANNX.R1(C) :
TRUE COPY OF THE APPOINTMENT ORDER DATED 19.08.2014 ISSUED TO MARIYAMMA GEORGE ANNX.R1(D) :
TRUE COPY OF THE APPOINTMENT ORDER DATED 20.08.2014 ISSUED TO SUJATA //TRUE COPY// P.A. TO JUDGE JJJ
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) Nos. 10629 & 10630 of 2015 ------------------------------------------ Dated this the 29th day of October, 2015
J U D G M E N T
The petitioners are aggrieved with the fact that the petitioners were abruptly terminated from their employment as Part Time Sweeper with the 1st respondent. 2.
Admittedly, the petitioners in both the above writ petitions are engaged as daily wage Part Time Sweepers for more than two years. The Kerala State Financial Enterprises, however, taking note of Exts.R1(a) and R1(b) judgments of this Court, was of the opinion that it would not be advisable to continue persons as Part Time Sweepers on daily wage basis continuously. In such circumstance, they conducted a proper selection process through the Employment Exchange and appointed those persons regularly, as recommended by the Employment Exchange.
W.P.(C) Nos.10629 & 10630/2015 -23.
In such circumstance, the apprehension of the petitioners that they are being replaced by other temporary workers is misplaced.
The writ petitions, hence, would stand dismissed. Sd/- K.VINOD CHANDRAN, JUDGE jjj 29/10/15