IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 782 of 2011(W)
1. JOSHY DEVASSIA, PALATHARA HOUSE,
... Petitioner
Vs
1. K.T.D.C.LTD., P.B.NO.5424, MASCOT
... Respondent
2. THE MANAGING DIRECTOR, K.T.D.C. MASCOT
For Petitioner :SRI.T.RAJESH
For Respondent :SRI.P.A.AHAMED,SC FOR KTDC LTD.
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :10/02/2011
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 782 of 2011
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Dated this, the 10th day of February, 2011.
J U D G M E N T
The petitioner has been included in the rank list for appointment
to the post of Waiter in the 1st respondent-Company. Petitioner’s
grievance in this writ petition is that while the rank list is still current,
the respondents are regularising temporary employees in the
vacancies which have arisen. It is under the above circumstances, the
petitioner has filed this writ petition seeking the following directions:
“i. Issue a writ of mandamus compelling the 1st respondent to
make appointments only from Ext. P3 rank list to the existing
vacancies.
ii. Direct the respondent not to regularize the contract
employees working in the existing vacancies.
iii. Direct the respondent not to renew the contract of
employees working on contract basis unless and until Ext. P3
rank list is exhausted.”
The learned standing counsel for the respondents, on
instructions, submits that no contract employee has been regularised
as alleged by the petitioner and such regularisation can only be made
with the concurrence of the Board. It is further submitted that
vacancies arising are being filled up from the rank list itself. He
further submits that only 15 vacancies have arisen, which have
already been filled up from the rank list. This is recorded and the writ
petition is closed.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.