RAKESH G.NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners claim for absorption as permanent employees under the respondents, placing reliance on Clause 14 of Ext.P1 Standing Operating Procedure (SOP in short) applicable to the Station Canteen, Thiruvananthapuram and the Extension Counter, Pathanamthitta.

(2.) THE petitioners are working in the Station Canteen, Thiruvananthapuram, allegedly on the basis of Ext.P1 SOP. The petitioners 1, 3, 5, 7, 8 and 9 are stated as engaged as Billing Clerks and they, except No.5, commenced the work in 2002/2003. In the case of the 5th petitioner, he started working only in July 2010. The 2nd and 4th petitioners are working as Mazdoors from 01.11.2002 and 25.05.2006 respectively, while the 6th petitioner is stated as discharging his duties as a 'Safaiwala' from 01.08.2003.

(3.) THE case of the petitioners is that, there is no rhyme or reason for dispensing with the service of the petitioners and in engaging somebody else, in place of the petitioners, more so, when, such an attempt will go contrary to the mandate of Clause 14 of Ext.P1 and hence under challenge. The petitioners seek for a direction not to terminate their services and to declare that, they are eligible to be absorbed as permanent employees under the respondents in view of Clause 14 of Ext.P1, thus seeking for a writ of mandamus to regularise the service of the petitioners are permanent employees, on completion of 'five' years from the date of initial appointment.