Leji vs The Principal Secretary, ...
2021 Latest Caselaw 14141 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                       WP(C) NO. 17836 OF 2012
PETITIONERS:

    1     LEJI, AGED 38 YEARS
          D/O.LEELA, AFIN NIVAS, UZHUNNUVILA, NELLIVALA P.O.,
          VENGANOOR.

    2     REHNA SHEFEELA
          AGED 32 YEARS, VALIYAPARAMBU, HARBOR ROAD, VIZHINJAM.

    3     ANITHA P.S. AGED 43 YEARS
          K.P.SADANAM, THENGUVILA, KATTACHALKUZHI P.O.

    4     NISSA BEEVI, AGED 35,
          THAIKOTTAM HOUSE, HARBOR ROAD, VIZHINJAM P.O.

          SRI.R.T.PRADEEP
          SRI.P.BIJIMON


RESPONDENTS:

    1     THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL
          EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
          695001.

    2     THE PRINCIPAL SECRETARY
          DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM - 695001.

    3     VIZHINJAM PANCHAYATH
          REPRESENTED BY ITS SECRETARY, VIZHINJAM - 685101.

          SRI.SUNIL KUMAR KURIAKOSE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17836 OF 2012

                              2


                          JUDGMENT

At the time when this writ petition was filed, the

petitioners were working on honorarium basis as teachers and

"Ayah" in the pre-primary section of the "Government Harbor

Lower Primary School", Vizhinjam, which is owned by the

Thiruvananthapuram Corporation.

2. The singular prayer of the petitioners is that the

Government be directed to issue orders akin to Ext.P5 - which

related to similarly placed persons appointed in the schools

run by the Local Self Government Institutions under the 11

point programme of the Government of Kerala - in their favour.

They say that when they earlier approached the Government

for this purpose, it was rejected through Ext.P9, saying that

they are not similarly situated as those persons to whom

Ext.P5 applies because they were appointed only by the

Parent-Teachers Association of the School, on a temporary

basis.

3. Even though the petitioners have impelled various

allegations and assertions in this writ petition, it has now

become virtually impossible for this Court to consider them on WP(C) NO. 17836 OF 2012

their merits because, it is conceded before me by

Sri.R.T.Pradeep, learned counsel, that they have all been

substituted by certain other persons in this School.

4. Obviously therefore, even if this Court is to find favour

with the petitioners and to set aside Ext.P9, it would not be

possible for me to direct the Government to appoint them as

part time contingent employees because they are no longer in

service and their places have been admittedly taken over by

other persons.

In the afore circumstances, I close this writ petition

without any further orders.

Sd/- DEVAN RAMACHANDRAN JUDGE stu