Sobha Rajendran v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).No. 32313 of 2015 () --------------------------- PETITIONER(S):
-------------------------- SOBHA RAJENDRAN, AGED 43 YEARS WIDOW OF RAJENDRAN, PONNANGAT CHIRA HOUSE, WARD NO.7 AROOR VILLAGE, CHERTHALA TALUK, AROOR PO ALAPPUZHA DISTRICT 688 534.
BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI.M.K.SIDHARDHANAN SMT.C.K.LEKHAMMA SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SMT.M.SUSEELA SRI.PRATHAP. S.R.K.
SMT.MARY JOHN RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT THIRUVANANTHPAURAM 695 001.
2. THE KERALA STATE FINANCIAL ENTERPRISES LTD REPRESENTED BY ITS MANAGING DIRECTOR CORPORATE OFFICE, BHADRATHA, THRISUR 680 020
3. THE BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD AROOR BRANCH, CHERTHALA TALUK, ALAPPUZHA 688 534. R1 BY GOVERNMENT PLEADER SMT.A.NANCY R2, R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS
WP(C).No. 32313 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF THE CHEQUE BEARING NO.10039976 DATED 9.3.2010 EXT.P1(A)- TRUE COPY FO THE CHEQUE BEARING NO.97832 DATED 31.8.2011 EXT.P1(B)- TRUE COY OF THE CHEQUE BEARING NO. 97850 DATED 6.9.11 EXT.P2TRUE COPY OF THE NOTICE DATED9.5.11 INVITING THE PETITIONER TO PARTICIPATE IN THE STAFF MEETING EXT.P3TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 26.7.11 SUBMITTED TO THE FINANCE MINISTER EXT.P4TRUE COPY OF PETITIONER'S REPRESENTATION DATED 19.9.11 SUBMITTED TOT HE 3RD RESPONDENT EXT.P5TRUE COPY OF THE JUDGMENT DATED 8.10.2004 IN WP(C) NO.26145/2004 OF THIS HONOURABLE COURT EXT.P6TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.162/05/TD DATED 20.12.2005 EXT.P7TRUE COPY OF THE JUDGMENT DATED 10.10.
2011 IN WP(C) NO.26595/11 OF THIS HONOURABLE COURT EXT.P8TRUE COPY OF THE REPRESENTATION DATED 22.10.2011 EXT.P9TRUE COPY OF THE REPRESENTATION DATED 6.6.2013 EXT.P10TRUE COPY OF THE REPRESENTATION DATED 31.3.
K.VINOD CHANDRAN, J.
----------------------------------------------- W.P.(C).No.32313 of 2015 ----------------------------------------------------------- Dated this the 20th day of November, 2015
JUDGMENT
The petitioner in the writ petition seeks identical relief as sought for in W.P.(C).Nos.10629 & 10630 of 2015.
2. The petitioner is aggrieved by her abrupt termination from the employment as part-time sweeper-cumpeon. The respondent financial enterprises had on the basis of two judgments of this Court, decided to appoint persons regularly as sponsored from the Employment Exchange, this led to the termination of the petitioner, who was only a temporary appointee.
3. This Court in the judgment dated 29.10.2015 in WP(C).No.10630/2015, rejected the prayer of identically situated persons. The petitioner could have a valid claim only if she is being replaced by another temporary worker. Here the replacement is with a regular hand as sponsored from the Employment Exchange. This Court does not found any illegality in the same.
Hence the writ petition is dismissed. No costs. Sd/- K.VINOD CHANDRAN JUDGE vs