Kerala High Court
Shajahan. S vs The Director, Institute Of Management ... on 24 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
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W.P.(C)No. 18407 OF 2024
2025:KER:5838
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 18407 OF 2024
PETITIONER:
SHAJAHAN S.,
AGED 39 YEARS
S/O. SHAHUL HAMEED, SHAJI MANZIL,
KOCHU MANNUMALA, IRUMBA, ARUVIKKARA P. O.,
THIRUVANANTHAPURAM, PIN - 695564.
BY ADV.
V. A. VINOD
RESPONDENTS:
1 THE DIRECTOR,
INSTITUTE OF MANAGEMENT IN GOVERNMENT - IMG,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
PIN - 695033.
2 THE SECRETARY,
INSTITUTE OF MANAGEMENT IN GOVERNMENT - IMG,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
PIN - 695033.
BY ADV.
LATHA ANAND - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C)No. 18407 OF 2024
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 18407 of 2024
-------------------------
Dated this the 24th day of January, 2025
JUDGMENT
1. The petitioner who was employed as Peon Gr. II in the
respondent Institute on contract basis for 179 days from 01.11.2023
as per Exhibit P-3 order dated 04.11.2023. He has approached this
Court in this writ petition seeking a writ of mandamus commanding
the respondents to permit him to continue as Peon Gr. II in the services
of Institute of Management in Government (IMG) till regular
employees appointed after the selection procedures.
2. The learned Counsel for the petitioner submits that the
petitioner is a physically challenged person having physical disability
to an extent of 40%. He was sponsored by the Employment Exchange
for appointment as Peon Gr. II on contract basis. The petitioner
attended the interview and after the interview, he was selected to the
post of Peon Gr. II on contract basis for a period of 179 days. After the
initial contract period got over, the petitioner was allowed to continue
in the service of the respondent Institution as a daily wage worker. The
learned Counsel for the petitioner further submits that despite there
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being vacancies for the post of Peon Gr. II, the respondent Institution
is not filling up those vacancies and no person with disability has been
appointed against those posts which is in violation of the Right of
Persons with Disabilities Act, 2016. It is further submitted that the
respondents are taking steps to replace the petitioner with another
set of employees on daily wages and, therefore, the petitioner has
approached this Court in this writ petition.
3. The learned Counsel representing the respondents however
submits that the Government has taken a decision that all
appointments in the respondent Institutions run on Grant-in-aid
functioning under the Administrative control of the Personal and
Administrative Reforms Department of the Government of Kerala are
to be filled up by the PSC. The petitioner was given an appointment
on contract basis for a period of 179 days. The contractual
employment come to an end on 27.04.2024. The relieving order in
Exhibit P-4 is dated 25.04.2024 whereby the petitioner along with
similarly placed employees were relieved from duty on 27.04.2024.
4. In the meanwhile, the respondent Institution requested the
Employment Exchange for next list of candidates for being engaged as
Peons and the list was forwarded on 25.04.2024 and 27.04.2024. The
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interviews were held on 25.05.2024, 27.05.2024, 28.05.2024 and
29.05.2024. As there was some delay in appointing the persons who
got selected, the petitioner and seven other persons were allowed to
continue on daily wage basis till provisional appointment of new
candidates through Employment Exchange came.
5. The petitioner's claim for regularization has no basis. The
Institution cannot allow backdoor entry on regular posts. Once the
petitioner's appointment as Peon Gr. II on contract basis came to an
end on 27.04.2024, he does not have any right to continue on the said
post.
6. It is further submitted that the petitioner's appointment as
contractual Peon Gr. II was not on the basis of his disability. As and
when the posts are advised by the PSC, the appropriate provision for
giving reservations to the persons with disabilities shall be made.
7. I have considered the submissions advanced on behalf of the
petitioner and the respondents. The facts as stated are not much in
dispute that the petitioner's appointment was on contractual basis
only for a period of 179 days which came to an end on 27.04.2024. The
petitioner was relieved on 27.04.2024. However, he has been allowed
to work on daily wage basis because of the delay in appointment on
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contract basis by another set of employees who were sponsored by
the Employment Exchange. The petitioner does not have a right for
regularization on the basis of his employment on contract basis for 179
days. As and when the vacancies are advised for regular appointment,
the petitioner may apply, if he is otherwise qualified.
8. In view thereof, I do not find that the petitioner has a right for
the reliefs sought in this writ petition and, therefore, the present writ
petition is hereby dismissed. Interim order, if any, stands vacated.
Sd/-
D. K. SINGH
JUDGE
Svn
W.P.(C)No. 18407 OF 2024
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APPENDIX OF WP(C) 18407/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED FROM THE
OFFICE OF THE 2ND RESPONDENT DATED
18.9.2023
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT LETTER
ISSUED BY THE 2ND RESPONDENT DATED
25.10.2023
EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 4.11.2023
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 25.4.2024
EXHIBIT P5 TRUE COPY OF THE DISABILITY ID ISSUED BY
THE GOVERNMENT OF INDIA DATED 3.9.2022
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE LETTER DATED 18.09.2007
ISSUED BY THE PRINCIPAL SECRETARY,
PERSONAAL AND ADMINISTRATIVE REFORMS
DEPARTMENT, GOVERNMENT OF KERALA
EXHIBIT R1(B) TRUE COPY OF THE ORDER NO.393/07/IMG
DATED 22.06.2007
