High Court Kerala High Court

Thilakam.C.B. vs The District Medical Officer on 4 September, 2007

Kerala High Court
Thilakam.C.B. vs The District Medical Officer on 4 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32188 of 2005(F)


1. THILAKAM.C.B., W/O.C.S.STHIYANESAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT MEDICAL OFFICER,
                       ...       Respondent

2. STATE OF KERALA, REP. BY ITS

3. SECRETARY,

4. SUPERINTENDENT, TALUK HEAD QUARTERS

                For Petitioner  :SRI.V.V.ASOKAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :04/09/2007

 O R D E R
                                  V.GIRI,J.
                   -----------------------------------------
                        W.P.(C)NO.32188 of 2005
                   -----------------------------------------

                 Dated this the 4th   day of August, 2007

                                 JUDGMENT

The petitioner was appointed as Hospital Attendant Grade II on

provisional basis under Ext.P3 order. On expiry of the period, she was

terminated from service on 7.8.2004. On the premise that she had

continued in service for a period in excess of 13 months, she claimed

regularisation. She further contends that her termination itself is bad, in as

much as the order of termination is not served.

2. The claim for regularisation of service is not sustainable. The law in

this regard seems to be settled by the Supreme Court in the latest decision

reported in Secretary, State of Karnataka v Umadevi (2006(4) SCC(1).

3. The grievance of the petitioner, as regards the absence of an order

of termination of service, also seems to be misconceived as it stood

terminated on expiry of the period of temporary appointment.

In the result, there is no merit in the writ petition and the same is

dismissed.

V.GIRI, JUDGE

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