Wilson.K.J vs State Of Kerala
2021 Latest Caselaw 10050 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.3188 OF 2021(W)


PETITIONER:

               WILSON.K.J
               AGED 41 YEARS
               S/O. LATE JOSEPH, KARUKAPPILLY HOUSE,
               SOUTH PARAVUR P.O, UDAYAMPERUR, ERNAKULAM.

               BY ADVS.
               SRI.SEBIN THOMAS
               SHRI.AMITH K.S

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695001.

      2        THE SECRETARY
               UDAYAMPEROOR GRAMAPANCHYATH, UDAYAMPEROOR P.O,
               ERNAKULAM - 682307.


               R2 BY SMT. C.G.BINDU, SC, UDAYAMPEROOR GRAMA
               PANCHAYAT
               R2 BY ADV. SHRI.P.N.SUKUMARAN, SC, UDAYAMPEROOR GRAMA
               PANCHAYAT


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3188 OF 2021(W)

                                        2




                                 JUDGMENT

Dated this the 25th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) issue a writ of certiorari or any other appropriate writ, direction or order, calling for the records leading to Exhibit P5 and quash the same as unjust, illegal and arbitrary.

ii) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2nd respondent to re-instate the petitioner in service as daily wage ambulance driver.

iii) issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2nd respondent to re-consider Exhibit P4 and extend the contract period of the petitioner."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for the 2nd respondent-Panchayath.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had been appointed as ambulance driver in the

2nd respondent. It is stated that his term of appointment was from WP(C).No.3188 OF 2021(W)

2016 to 2020, but he was continuing even thereafter. It is submitted

that the petitioner had been carrying out his duties without giving

room for any complaint and the petitioner had been directed to

submit an application for further appointment as ambulance

driver, which he did on 07.01.2021. It is contended that the

respondents had taken steps to terminate the petitioner's services,

which is untenable since other similarly situated employees had

been permitted to continue.

4. The learned Government Pleader submits that though

Ext.P6 had been issued with regard to extension of temporary

appointments and contract appointments during the lockdown

period, the same would have no application pursuant to the

lockdown and that the 2nd respondent is liable to take an

independent decision in the question of extension of appointment.

5. The learned counsel for the petitioner also relies on Ext.P7

judgment, by which similarly situated employee had been directed

to be included in the selection process taking note of his earlier

service in the Panchayath.

WP(C).No.3188 OF 2021(W)

6. The learned counsel for the 2nd respondent submits that the

continued engagement of another person as ambulance driver

would not confer any right on the petitioner. It is submitted that

the petitioner's services were engaged on a contract basis and

subsequent to the termination of the period of the contract, a fresh

selection had been initiated by the respondents. It is submitted that

in case the petitioner has applied in response to the notification for

a fresh selection, the petitioner's claim will also be considered in

accordance with law. It is stated that the petitioner's services will

be terminated only for appointing the person selected in the fresh

selection conducted.

Having heard the learned counsel on all sides, I am of the

opinion that since the petitioner was appointed admittedly on a

contract basis and since the period of contract has expired, the

contentions raised by the petitioner that he is liable to be

continued on contract basis cannot be accepted. However, since the

petitioner contends that he has submitted an application in the

fresh selection as well and since no objections are raised by the 2 nd

respondent, the claim of the petitioner will also be considered in WP(C).No.3188 OF 2021(W)

accordance with law in the fresh selection. The petitioner's services

shall be utilised, until the fresh selection is completed and the

selected appointee assumes charge.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.3188 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT DATED 26.10.2016

EXHIBIT P2 TRUE COPY OF THE COVID-19 TEST REPORT OF THE PETITIONER ISSUED BY THE GOVT. FISHERIES HOSPITAL DATED 02.11.2020

EXHIBIT P3 TRUE COPY OF THE DISCHARGE CARD DATED 22.10.2020 ISSUED BY THE GOVT. MEDICAL COLLEGE, ERNAKULAM

EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 07.01.2021

EXHIBIT P5 TRUE COPY OF THE TERMINATION LETTER DATED 28.01.2021

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.11/2020 DATED 24.03.2020 BY THE LABOR COMMISSIONER, OFFICE OF THE LABOR COMMISSIONER, THIRUVANANTHAPURAM

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.26662/2005 BY THE HONOURABLE HIGH COURT OF KERALA

EXHIBIT P8 TRUE COPY OF THE CHARACTER CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 20.2.2021

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 10.2.2021

EXHIBIT P10 TRUE COPY OF THE AGREEMENT DATED 31.12.2020

EXHIBIT P11 TRUE COPY OF THE DECISION COMMITTEE REJECTING THE APPLICATION OF THE PETITIONER DATED 20.1.2021

EXHIBIT P12 TRUE COPY OF THE DECISION BY COMMITTEE EXTENDING THE SERVICE OF MR. SHAJI T.A. FOR ONE YEAR DATED 20.1.2021

EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS BEFORE THE WP(C).No.3188 OF 2021(W)

DISTRICT COLLECOT, ERNAKULAM DATED 4.7.2016

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF THE COMPLAINT LODGED BY MRS.GIJO BEFORE THE SUB INSPECTOR OF POLICE UDAYAMPEROOR POLICE STATION

EXHIBIT R2(B) TRUE COPY OF THE FIR IN CRIME NO 1159/2018 OF UDAYAMPEROOR POLICE STATION

EXHIBIT R2(C) TRUE COPY OF THE COMPLAINT LODGED BY MRS.GIJO BEFORE THE PANCHAYATH

EXHIBIT R2(D) TRUE COPY OF THE SHOW CASE NOTICE ISSUED TO THE PETITIONER

EXHIBIT R2(E) TRUE COPY OF THE REPLY OF THE PETITIONER TO THE SHOW CAUSE NOTICE ISSUED BY THE PANCHAYATH