IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21819 of 2008(V)
1. N.ASIM KHAN , S/O.MOHAMMAD
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE MENTAL HEALTH CENTER
3. THE DISTRICT MEDICAL OFFICER
For Petitioner :SRI.BIJU BALAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :21/08/2008
O R D E R
P.N.RAVINDRAN,J.
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W.P ( C) No.21819 of 2008
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Dated this the 21st August, 2008
J U D G M E N T
The petitioner is working on daily wages as Attender
Gr.II in the Mental Health Centre, Thiruvananthapuram.
He had earlier approached this Court relying on Exhibit
P2 letter dated 20.10.2005 sent by the Superintendent,
Mental Health Centre, Thiruvananthapuram to the District
Medical Officer (Health), Thiruvananthapuram
recommending regularization of existing daily wage
employees. By Exhibit P3 judgment delivered on
8.12.2005, this Court directed the Government to consider
the claim made by the petitioners and others. Pursuant to
the said direction, the State Government directed the
District Medical Officer (Health), Thiruvananthapuram to
furnish the details of Hospital Attendants eligible to be
regularized in service. The petitioner did not figure in
the list of persons forwarded by the Superintendent,
Mental Health Centre, Thiruvananthapuram. Later, the
petitioner along with others filed a representation before
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the Secretary to Government, Health & Family Welfare
Department. They again moved this Court in W.P (C)
No.34647 of 2007. By Exhibit P8 judgment delivered on
23.11.2007, this Court directed the Government to
consider the representation submitted by the petitioner
and to take a decision thereon within a period of two
months from the date of receipt of a copy of that
judgment. Thereupon, Exhibit P9 order dated 28.1.2008
was issued holding that as the petitioner was not
appointed through the Employment Exchange by the
District Medical Officer, he is not eligible to be
regularized in service. This writ petition was thereupon
filed challenging Exhibit P8 and seeking regularization in
service as Attender Gr.II. The petitioner has also prayed
that in the alternative, the second respondent may be
directed to engage him on daily wage basis. A statement
has been filed on behalf of the respondents to the effect
that as the petitioner was not found eligible for
regularization, his request in that regard was rejected.
It is also stated that as there are large number of daily
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wage employees, all of them cannot be retained at a time
and therefore they are being posted on rotation basis for
nine days at a stretch and reengaged after a day’s break.
When the writ petition came up for admission today, the
learned counsel appearing for the petitioner submitted
that as the petitioner has been found ineligible to be
regualrised in service, the writ petition may be disposed
of recording the statement made by the third respondent
that the petitioner will be engaged on daily wages for
nine days at a stretch and reengaged thereafter for
similar periods with a days break in between.
Smt. M.R Sreelatha, the learned Senior Government
Pleader appearing for the respondents submitted that so
long as there is need for the services of the petitioner, he
will be engaged as Attender on rotation basis as stated in
the statement. In the light of the said submission, no
further orders are required in this writ petition. The writ
petition is accordingly closed.
(P.N.RAVINDRAN, JUDGE)
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