Deepa Rajan S vs The State Of Kerala
2021 Latest Caselaw 7185 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.3070 OF 2021(G)


PETITIONERS:

      1        DEEPA RAJAN S.
               AGED 39 YEARS
               W/O.C.GIREESH KUMAR, DARSANA, SMNRA 35, SAMRADHI
               NAGAR, EDAPPALLY, COCHIN - 682 024.

      2        SHARI K.B.
               AGED 35 YEARS
               W/O.DINOOP P.J., KANIYAMPARAMBIL HOUSE, P.J.ANTONY
               ROAD, PALARIVATTOM, COCHIN - 682 025.

      3        ASHA A.B.
               AGED 37 YEARS
               W/O.ABILASH G., SUDHA NIVAS, H.NO.10/868,
               S.S.KRISHNAN ROAD, AMARAVATHY, FORT KOCHI, PIN -
               682001.

               BY ADVS.
               SRI.S.SREEKUMAR (SR.)
               SRI.P.MARTIN JOSE
               SRI.P.PRIJITH
               SRI.THOMAS P.KURUVILLA
               SRI.R.GITHESH
               SRI.AJAY BEN JOSE
               SRI.MANJUNATH MENON
               SHRI.HARIKRISHNAN S.

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
               SECRETARIAT, TRIVANDRUM, PIN - 695 001.

      2        THE KERALA STATE POLLUTION CONTROL BOARD
               PLAMOODU - THEKKAMOODU RD., PATTOM,
               THIRUVANANTHAPURAM, KERALA - 695 004 REPRESENTED BY
               ITS CHAIRMAN.
       3      THE KERALA PUBLIC SERVICE COMMISSION
             THULASI HILLS, PATTOM PALACE P.O.,
             THIRUVANANTHAPURAM - 695 004 REPRESENTED BY ITS
             CHAIRMAN.


OTHER PRESENT:

             T NAVEEN SC
             PC SASIDHARAN SC



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
02-2021, THE COURT ON 02-03-2021 DELIVERED THE FOLLOWING:
 W.P.(C).No.3070/2021
                                       3



                       Dated this the 2nd day of March, 2021

                                  JUDGMENT

1. This writ petition is filed with the following prayers:

"a) Issue a writ of mandamus or such other writ order or direction directing the respondents not to terminate the petitioners and other similarly situated persons till appointments are made through the 3rd respondent in pursuance of Exhibit P7 rules.

b) Direct the respondents to consider Exhibit P9, Exhibit P10 and Exhibit P11, within a time limit to be fixed by this Hon'ble Court after giving an opportunity of being heard."

2. Heard the learned counsel for the petitioners, learned

standing counsel for the Kerala State Pollution Control

Board and the learned Government Pleader.

3. The petitioners are working as Assistant Engineers in the

2nd respondent-Board at its regional office. It is submitted

that 1st and 2nd petitioners are graduates in Engineering

and the 3rd petitioner is a Post Graduate. It is submitted

that in August and September 2018, about 85 persons

had been appointed on a contract basis through the

Employment Exchange by the 2nd respondent in its

offices. On 05.10.2019, the validity of the contract was W.P.(C).No.3070/2021

extended for a further period of one year. Thereafter, it

was again extended and the petitioners continued to

work on daily wage basis. It is stated that on 08.01.2021,

the 2nd respondent issued an order constituting an

interview board to make further temporary appointments

to the post of Assistant Engineers and Assistant

Scientists on contract basis from the list provided by the

Employment Exchange. It is submitted that on

11.01.2021, the 1st respondent had published Ext.P7

Recruitment Rules which provide that recruitment

through the Kerala Public Service Commission (for short

'PSC'). However, it is stated that the 1 st respondent by

Ext.P8 had informed the 2nd respondent that on receipt of

the list from Employment Exchange for further contract

appointments, the services of the existing daily wage

employees is to be terminated and appointment is to be

made through Employment Exchange. It is stated that

urgent steps are now being taken by the 2 nd respondent

to terminate the petitioners' services and to induct fresh

hands on contract basis. It is submitted that petitioners W.P.(C).No.3070/2021

have preferred Exts.P9 and P10 representations.

However, no response has been evoked. It is, therefore,

contended that the petitioners, who were appointed on

contract basis are liable to be continued in service till

PSC hands join duty.

4. Additional documents have also been placed on record

and it is contended that the petitioners, who were

appointed as contract employees are being ousted only to

accommodate similarly situated employees and that the

petitioners' services are liable to be continued at least

until the PSC hands are appointed to the post held by

them.

5. The learned Standing Counsel appearing for the Pollution

Control Board as well as the learned Government Pleader

submits that the petitioners had admittedly been

appointed only on contract basis in the 2 nd respondent-

Board, The period of their contract had long expired.

Thereafter, they were being continued only on daily wage W.P.(C).No.3070/2021

basis until fresh appointments could be made through

the Employment Exchange on contract basis. It is

submitted that the Pollution Control Board had required

a clarification from the Government whether the

petitioners could be continued till appointments are

made on the basis of Ext.P7 Recruitment Rules through

the KPSC. However, Ext.P8 reply was received from the

Government stating that the services of those employees

whose contracts had expired are to be terminated and

fresh appointments are to be made through the

Employment Exchange. It is submitted by the learned

counsel for the petitioners that even after making

appointments through the Employment Exchange, there

would be vacancies to accommodate the petitioners.

6. I have considered the contentions advanced. The

petitioners are admittedly persons, who had been

appointed on a contract basis in the 2nd respondent. It is

clear that the appointment was a tenure appointment and

the term of such appointment had long expired. The W.P.(C).No.3070/2021

petitioners were continuing on daily wage basis. In the

meanwhile, it appears that Ext.P7 Recruitment Rules

have also been finalized, by which regular appointments

are to be made by direct recruitment through the PSC.

From the petitioners' own showing, it is clear that steps

had been taken by the 2nd respondent to make

appointments on contract basis through the Employment

Exchange. Ext.P6 is a communication dated 08.01.2021

by which, an interview committee has been constituted

for appointment on contract basis through Employment

Exchange. The learned counsel appearing for the Board

would submit that the selection is complete and duly

selected hands from the Employment Exchange are

awaiting appointment in the posts held by the

petitioners.

7. Having considered the contentions advanced, I find that

the petitioners, who had initially been appointed on

contract basis and whose tenure of contract had long

expired and who were permitted to continue on daily W.P.(C).No.3070/2021

wage basis can raise no claim for regular appointment in

the posts held by them or indeed for continuation on

daily wage basis in preference to persons appointed

through Employment Exchange on contract basis. The

petitioners, therefore, cannot contend that they are liable

to continue until PSC hands join duty. The petitioners

whose appointments were clearly contractual have no

right to insist that further appointments on contract basis

through the Employment Exchange shall not be made by

the 2nd respondent.

In the above factual situation, I am of the opinion that the

prayers sought for in the writ petition cannot be granted.

The writ petition therefore fails and the same is,

accordingly, dismissed.

sd/-

Anu Sivaraman, Judge

sj W.P.(C).No.3070/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER NO.PCB/E1/654/2018 DATED 14/8/2018.

EXHIBIT P2 TRUE COPY OF G.O.(P) NO.56/2017/FIN DATED 28/4/2017.

EXHIBIT P3 TRUE COPY OF PROCEEDINGS OF THE CHAIRMAN OF THE 2ND RESPONDENT PCB/E1/3220/19 DATED 5/10/2019 EXTENDING THE VALIDITY OF THE CONTRACT OF THE PETITIONERS AND CERTAIN OTHER SIMILARLY PLACED PERSONS.

EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE ASSISTANT ENGINEERS AND ASSISTANT SCIENTISTS TO THE CHAIRMAN OF THE 2ND RESPONDENT, THROUGH PROPER CHANNEL TO RENEW THE CONTRACT ON 6/7/2020.

EXHIBIT P5 TRUE COPY OF RECOMMENDATION OF THE ENVIRONMENT ENGINEER OF THE 2ND RESPONDENT ADDRESSED TO THE CHAIRMAN OF THE 2ND RESPONDENT DATED 3/8/2020.

EXHIBIT P6 TRUE COPY ORDER PCB/CHN/RE/A3/858/21-

VOL-2 ISSUED BY THE 2ND RESPONDENT DATED 8/1/2021.

EXHIBIT P7 TRUE COPY OF KERALA STATE POLLUTION CONTROL BOARD RECRUITMENT RULES FOR STATE AND SUBORDINATE SERVICE, 2021.

EXHIBIT P8 TRUE COPY OF ORDER DATED 1/2/2021 ISSUED BY THE 1ST PETITIONER ADDRESSED TO THE 2ND RESPONDENT.

W.P.(C).No.3070/2021

EXHIBIT P9 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS AND SIMILARLY SITUATED PERSONS TO THE HON'BLE CHIEF MINISTER ON 2/2/2021.

EXHIBIT P10 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS AND SIMILARLY SITUATED PERSONS TO THE CHAIRMAN OF THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS AND SIMILARLY SITUATED PERSONS TO THE CHIEF ENVIRONMENTAL ENGINEER OF THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF LETTER DATED 19/11/2019 ISSUED BY THE MEMBER SECRETARY OF THE 2ND RESPONDENT TO THE DIRECTOR EMPLOYMENT DIRECTORATE TRIVANDRUM.

EXHIBIT P13 TRUE COPY OF MINUTES OF THE 207TH MEETING OF THE 2ND RESPONDENT BOARD HELD ON 29/9/2020

EXHIBIT P14 TRUE COPY OF LETTER DATED 27/10/2020 ISSUED BY THE 2ND RESPONDENT TO THE GOVERNMENT OF KERALA.

EXHIBIT P15 TRUE COPY OF LETTER DATED 25/8/2020 OF THE CHIEF ENVIRONMENTAL SCIENTIST OF THE 2ND RESPONDENT.

EXHIBIT P16 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 3/2/2021 ISSED ON 5/2/2021

EXHIBIT P17 TRUE COPY OF LIST OF 50 PERSONS, WHO ARE WORKING AS ASSISTANT ENGINEERS AND ASSISTANT SCIENTISTS, WHO ARE SIMILARLY SITUATED AS THE PETITIONERS HEREIN TRUE COPY PS TO JUDGE