IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10820 of 2004(K)
1. C.BHUVANACHANDRAN NAIR, AGED 44 YEARS,
... Petitioner
2. B.SASIKUMAR, AGED 37 YEARS,
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE WILD LIFE WARDEN (SANCTUARY)
3. THE CONSERVATOR, WILD LIFE,
4. THE RANGER, OFFICE OF NAYYAR WILD LIFE
5. THE FORESTOR, CLAMALA SECTION-I,
6. THE FORESTOR, HEAD QUARTERS,
For Petitioner :SRI.R.T.PRADEEP
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.10820 OF 2004 (K)
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Dated this the 21stday of December, 2009
J U D G M E N T
First petitioner was a protection labourer on daily wages at
Ananirathi and the 2nd petitioner was engaged for feeding
animals and cleaning the cages of the animals, on daily wages.
The first prayer in this writ petition is to revise the monetary
benefits due to them, implementing the benefit of Ext.P1 order.
2. Along with the counter affidavit filed by the first
respondent they have produced Ext.R1(a) Government Order
dated 29th January, 2004 directing to keep Ext.P1 in abeyance, in
view of the discrepancies that were noticed. Therefore Ext.P1 has
not been implemented, and therefore, the petitioners cannot
claim the benefit of Ext.P1.
3. The second prayer made is to provide the insurance
coverage and safety gadgets and maintain dress code and to
issue identity cards. In so far as the insurance coverage is
concerned, the same is available only to regular employees and
to temporary staff , with more than 5 years service. Petitioners do
not satisfy this condition. If so, they cannot ask for this benefit.
4. As far as the prayer for gadgets is concerned,
Government Pleader submits that at the place to which the
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petitioners’ were allotted, there is a wireless station providing
for communication. In so far as the prayer for maintaining dress
code and issue of identity card is concerned, Government Pleader
points out that these facilities are not available to daily wages
employees like the petitioners. The third prayer is to maintain a
muster roll and daily wages register. The counter affidavit shows
that these documents are maintained.
5. The next prayer is to convert them as SLR workers.
Paragraph 9 of the counter affidavit filed by respondents 2 to 6
show that this issue has already been turned down by this court in
the judgment in O.P.NO.37833/02 and if so, this claim also cannot
be considered.
The last prayer made is for their continuance in service.
Daily wages employees like the petitioners can be appointed
subject to requirements and if so the petitioners cannot claim that
they should be engaged continuously. Needles to say that it will
be open to the respondents to allow the petitioners to continue
in service depending upon on their requirements.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
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