LAWS(KER)-2019-11-145

SASIKALA Vs. C.S.VIJAYAKUMARI

Decided On November 14, 2019
SASIKALA Appellant
V/S
C.S.Vijayakumari Respondents

JUDGEMENT

(1.) The appellant is aggrieved with the disturbance to the regularisation of the appellant, caused by the judgment impugned in this case. The appellant is a daily wage employee, employed in the Kerala Mineral Exploration and Development Project. She claims that she was appointed as daily wager right from 1985 onwards. The project was later merged with the Mining and Geology Department of the State.

(2.) At the time of merger, one of the conditions as seen from Annexure-A1 was that, the daily wage employees would be considered for regularisation. That having not occurred, the appellant was before this Court in O.P.No.9934/1995. Therein it was directed that the Government would consider such regularisation.

(3.) A clarification petition was filed as is seen from Annexure-A2 by the Government. In the clarification petition, it was specifically noticed that the earlier judgment did not direct consideration of regularisation of temporary hands appointed under Rule 9(a)(1) in Government Service or in Public Sector Undertakings or daily wage workers or temporary hands appointed before 01.11.1987 or continuing up to 01.01.1994. It was also specifically observed that the Government shall not take the judgment to understand so. The direction was only to consider regularisation of the petitioners No.2 onwards in the original petition based on the promise contained in Ext.P20. Ext.P20 is said to be Annexure-A1, produced before this Court.