V.S.RENJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed challenging Ext.P4 order dated 29/08/2011 issued by the Higher Education Department of the Government revoking the Cabinet decision dated 27/02/2011 to regularise 13 persons who were working in the State Library Council. Petitioners 1 to 10 were working as L.D.Clerk, petitioners 11 and 12 as L.D.Typist and 13th petitioner as Driver in the Kerala State Library Council (for short 'the Library Council').

(2.) THE Library Council is constituted under the Kerala Public Libraries (Kerala Grandha Sala Sangham) Act 1989 (hereinafter referred to as 'the Act'). The Library Council receives grant -in -aid from the Government and it is also supported by Library Cess collected through Local Self Government Institutions. Some of the members of the Council are also nominated under Section 3(2) of the Act of which five are officials of the Government from different departments.

(3.) IT is the contention of the petitioners that they were appointed in the year 2005 pursuant to a notification issued by the Library Council. It is contended that they were selected pursuant to a due selection process by the competent authority. It is also contended that though the initial appointment was on contract basis, all the formalities for direct recruitment were complied with before effecting the appointment. However, they were given appointment on daily wage basis. The Executive Committee of the Library Council has recommended for entrusting the appointments to the Library Council to the Kerala Public Service Commission (for short 'KPSC') in the meeting held on 28/06/2007, but according to the Library Council no action was taken by the Government in this regard and as matters stand now the appointing authority is the Library Council.