Citation : 2026 Latest Caselaw 229 Ker
Judgement Date : 12 January, 2026
2026:KER:1430
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
WP(C) NO. 44509 OF 2025
PETITIONERS:
1 PRASANTH M.P.
AGED 38 YEARS
S/O M.G. PAVITHRAN,
MADATHIPARAMBIL HOUSE, PALAZHY,
MUNALUR.P.O, THRISSUR DISTRICT, PIN - 680617
2 NAVEEN K.
AGED 39 YEARS
S/O LATE O CHANDRAN,
KIZHAKKE VEETTIL HOUSE,
AMBALAPURAM, PERINGANDOOR.P.O,
THRISSUR DISTRICT, PIN - 680581
3 DIVYA M.G.
AGED 39 YEARS
D/O GOPALAKRISHNAN, THALIKKAL HOUSE,
PODIYAN BAZAR, EDAVILANGU.P.O,
THRISSUR DISTRICT, PIN - 680671
4 PRADEEP K.V.
AGED 46 YEARS
S/O K.R.VISWANATHAN NAIR, 19/575 B,
KOTTARATHIL HOUSE, KOOVAPPADY.P.O,
ERNAKULAM DISTRICT, PIN - 683544
5 JOMON C.G.
AGED 39 YEARS
S/O MARY GEORGE, KANJIRAPEDIKA HOUSE,
KOOTHATTUKULAM.P.O, ERNAKULAM DISTRICT,
PIN - 686662
2026:KER:1430
W.P.(C) No.44509/2025
:2:
6 MOHAMED MUNNER M.P.
AGED 41 YEARS
S/O MOHAMED ALI M.P., PULARI HOUSE,
PUTHUKULANGARA, TANALUR, MALAPPURAM DISTRICT,
PIN - 676302
7 SHAMSUDEEN T.
AGED 43 YEARS
S/O MOYIN, THENNADAN HOUSE,
VELLUVANGAD.P.O, VETTIKATTIRI,
MALAPPURAM DISTRICT, PIN - 676521
8 MUHAMED NISHAR K.
AGED 42 YEARS
S/O KUNHI MOHAMMED,
KATTEKKADAN HOUSE, CHEMBRASSERI EAST PO,
MALAPPURAM DISTRICT, PIN - 673640
9 FIROS T., AGED 38 YEARS
S/O FIROS T, THORAN HOUSE, KARAKKODE P.O.
PUTHARIPPADAM, VAZHIKKADAVU, NILAMBUR,
MALAPPURAM DISTRICT, PIN - 679333
BY ADVS.
SRI.V.M. KRISHNAKUMAR
SMT.P.R. REENA
RESPONDENT:
CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY
(C-DIT), REPRESENTED BY ITS REGISTRAR,
CHITRANJALI HILLS, THIRUVALLAM.P.O,
THIRUVANANTHAPURAM, PIN - 695027
BY ADV.
SRI.S. RAMESH, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.11.2025, THE COURT ON 12.01.2026
DELIVERED THE FOLLOWING:
2026:KER:1430
W.P.(C) No.44509/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.44509 of 2025
`````````````````````````````````````````````````````````````
Dated this the 12th day of January, 2026
JUDGMENT
~~~~~~~~~
The petitioners state that they have been
working under the respondent-Centre for Development of
Imaging Technology (C-DIT) for the past 14 years
continuously as temporary workers. They were selected for
temporary appointment after undergoing a selection process.
Their services were abruptly terminated.
2. The respondent has now issued Ext.P3
notification dated 03.09.2025 inviting applications from
eligible candidates for temporary project positions in the Web 2026:KER:1430
Service Development and Informatic Division. The
petitioners state that they are fully qualified for appointment to
the said posts. The action of the respondent in making fresh
recruitment denying appointment to the petitioners is
unjustified.
3. After appointment, the petitioners were
enrolled in EPF. Similarly placed candidates were
regularised in service as per Ext.P5. However, the service of
the petitioners were terminated as per Ext.P12 proceedings
dated 17.08.2024. The petitioners would urge that they had
approached the District Labour Officer and a settlement was
arrived as per Ext.P13 wherein there is an understanding that
in future appointments under the respondent, candidates like
the petitioners will be given preference.
4. The petitioners therefore pray that the
respondent be directed to engage the petitioners as 2026:KER:1430
temporary workers for the post mentioned in Ext.P3
notification and the respondent will be permitted to engage
fresh temporary workers only after exhausting the list of
temporary workers terminated by the respondent as per
Ext.P3. The petitioners relied on the judgment of the Hon'ble
Apex Court in Mahanadi Coalfields Limited v. Brajrajnagar
Coal Mines Workers' Union [2024 SCC OnLine SC 270]
and contended that the petitioners herein should also be
assured continued employment as long as work is available.
5. The respondent resisted the writ petition.
The respondent submitted that the petitioners have no right to
seek regularisation of their services. In W.P.(C)
No.5487/2021, this Court has held that regularisation already
granted to some of the workers should be treated as one time
measure and shall not constitute a precedent for any future
claim of similar nature. The writ petition is therefore without 2026:KER:1430
any merit and is liable to be dismissed.
6. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
the respondent.
7. The petitioners were engaged by the
respondent for the digitisation drive started in the Motor
Vehicles Department in the year 2005. The petitioners were
engaged since the year 2010. The petitioners seek
continued engagement.
8. The petitioners were appointed on a
temporary basis. The petitioners accepted the appointment
knowing fully well that their engagement is not of a
permanent nature. This Court in the judgment in W.P.(C)
No.5487/2021 has held that the constitutional scheme
obligates every State instrumentality to treat public
employment as a matter of public trust. The constitutional 2026:KER:1430
discipline governing public employment applies in full
measure to all instrumentalities of the State. There is nothing
on record to show that the initial appointments of the
petitioners were made after due notification and a competitive
selection process. In the facts and circumstances of the
case, the petitioners cannot legally contend that they should
be continued to be engaged in preference to others.
The writ petition is therefore without any
merit and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/07.01.2026 2026:KER:1430
APPENDIX OF WP(C) NO.44509 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN MANISH GUPTA V. PRESIDENT, JAN BHAGIDARI SAMITI (2022 KHC 6445) Exhibit P2 TRUE COPY OF THE JUDGMENT IN 2023 SCC ONLINE SC 419 (STATE OF BIHAR & ORS VS JAWAHAR LAL RAM AND ORS Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 03.09.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE OFFICE ORDER REGARDING EXTENSION OF EPF COVERAGE TO PROJECT STAFF AND DAILY WAGED EMPLOYEES INCLUDING PETITIONERS DATED 03.12.2014 Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER NO.
GO (MS).NO.5/2021/INFORMATION TECHNOLOGY DATED 04.02.2021 Exhibit P6 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 19.07.2010 Exhibit P7 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 15.11.2011 Exhibit P8 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 24.03.2000 Exhibit P9 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 17.10.2011 Exhibit P10 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 06.06.2015 Exhibit P11 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 09.01.2014 Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 17.08.2024 OF THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE MINUTES OF THE MEETING DATED 06.10.2025
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