M. JAYACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner-applicant before the Tribunal was a provisional hand, who had 23 years of service under the respondents and claimed regularization in service.

(2.) The applicant was sponsored by the Employment Exchange and appointed as Overseer Grade-II (Electrical) on 13.05.1981 under Rule 9(a)(i) of the Kerala State and Subordinate Services Rules ("KS&SSR" for brevity) for a period of 89 days or till regular hands join duty. Based on the orders of this Court, the applicant continued in service and later the writ petitions were disposed of by a Full Bench in Umayammal v. State of Kerala [1982 KLT 829]. This Court permitted the provisional hands to continue in service till the

(3.) The Government attempted an amendment with a validation clause to get over the judgment of this Court, which was challenged unsuccessfully before this Court. The matter when carried in appeal, the Hon'ble Supreme Court in Narayani v. State of Kerala [1984 KLT 17(SC)] ordered to grant age relaxation to the provisional hands for taking PSC examination and further directed their retention till PSC hands reported for duty. The applicant continued in service and was terminated on 05.04.1998 when a PSC hand reported for duty. Later, the PSC hand relieved himself from service after four months, apparently for joining some other post. The applicant moved the Government and was again appointed on 30.05.2000. The Government issued Exhibit P9 order dated 26.08.2002 based on the judgment of a Division Bench of this Court in W.A.No.105 of 2001 dated 21.12.2001 holding that provisional hands who had long spells of service be retained in service till superannuation, but without any regularization. A representation for regularization was filed in the year 2002, which was rejected in 2004.