Kerala High Court
Rajendran.K.V vs The District Tourism Promotion Council on 16 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 24729 OF 2015
PETITIONER:
RAJENDRAN.K.V
AGED 57 YEARS
S/O.VASU.C.K,KOCHUPARAMBU,NORTH ARYAD,
ROADMUKKU, KOMALAPURAM,ALAPPUZHA DISTRICT.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 THE DISTRICT TOURISM PROMOTION COUNCIL
BOAT JETTY ROAD,ALAPPUZHA -688001,
REPRESENTED BY ITS SECRETARY.
2 THE CHAIRMAN DISTRICT COLLECTOR
THE DISTRICT TOURISM PROMOTION
COUNCIL,COLLECTORATE, ALAPPUZHA-688001.
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
TOURISM DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADVS.
GOVERNMENT PLEADER
OTHER PRESENT:
SRI BIJOY CHANDRAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.24729/2015
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.24729 of 2015
----------------------------------------------
Dated this the 16th day of February, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ commanding the 3rd respondent
to consider and take a decision on Exhibit.P9
representation filed by the petitioner for
regularization of service as Boat Head Driver,
taking note of his continued service for the last 26
years.
ii. To issue a writ of certiorari or any other
appropriate writ or order quashing Exhibit.P10
order passed by the 2nd respondent refusing to
pay the salary arrears for the period commencing
from 23.11.2011 to 22.07.2012
iii. To issue a writ of mandamus or any other
appropriate writ or order commanding the 2nd
respondent to pay all the service benefit to the
petitioner for the period commencing from
23.11.2011 to 22.07.2012.
iv. To pass such other orders or reliefs as this
Hon'ble Court deems fit in the interest of justice.
(SIC)
2. The main prayer in this writ petition is to regularize
the service of the petitioner. As per Ext.P10, the service of the
petitioner was already terminated and a detailed order is
passed by the District Tourism Promotion Council. I see no
reason to interfere with the same. It is submitted that a
representation is submitted for regularizing the service. This
Court cannot direct to regularize the service of a daily wages
employee. Therefore, the prayers in the writ petition cannot
be entertained.
This writ petition is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 24729/2015
PETITIONER EXHIBITS
P1 TRUE COPY OF THE ORDER DATED
23.11.2011 ISSUED BY THE IST
RESPONDENT TERMINATING THE SERVICES OF
THE PETITIONER WITH IMMEDIATE EFFECT
P2 TRUE COPY OF THE REPRESENTATION
DATED 24.11.2011 SUBMITTED BY THE
PETITIONER BEFORE THE 2DN RESPONDENT
P3 TRUE COPY OF THE REPRESENTATION
DATED 12.01.2012 MADE BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
P4 TRUE COPY OF THE COMMUNICATION
DATED 30.06.2012 ISSUED BY THE 3RD
RESPONDENT
P5 TRUE COPY OF THE PROCEEDINGS DATED
21.07.2012 ISSUED BY THE IST
RESPONDENT RE-INSTATING THE PETITIONER
IN SERVICE
P6 TRUYE COPY OF THE REPRESENTATION
DATED 11.10.2012 SUBMITTED BEFORE THE
2ND RESPONDENT BY THE PETITIONER
P7 TRUE COPY OF THE INFORMATION DATED
19.11.2013 FURNISHED BY THE 3RD
RESPONDENT TO THE PETITIONER
P8 TRUE COPY OF THE JUDGMENT MADE IN
W.P(C)NO.24502/2014 DATED 22.09.2014
P9 TRUE COPY OF THE REPRESENTATION
DATED 28.10.2014 FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
FOR REGULARIZATION
P10 TRUE COPY OF THE PROCEEDINGS DATED
06.11.2014 ISSUED BY THE 2ND
RESPONDENT REJECTING THE CLAIM MADE BY
THE PETITIONER FOR SALARY ARREARS
