ANAS BENHER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in both these writ petitions are continuing as Wakf Board Inspectors on the basis of appointments made on temporary basis, through employment exchange, on 16.02.2009 and 30.03.2010 after undergoing a regular process of selection. They claimed regularisation in the light of the provisions contained in 2016 Regulations which protected all those who were in service. They approached this court aggrieved by the delay in regularising them pointing out that the Wakf Board had already sent a proposal for their regularisation and that cabinet which met on 15.11.2017 had also taken a decision to regularise them, as in the case of other employees who were regularised by the Wakf Board till then.

(2.) However the 1st respondent has along with the counter affidavit produced Ext.R1(a) cabinet decision according to which the decision is to regularise only those temporary employees who were on scale of pay as on 15.11.2017; all other vacancies are to be reported to Public Service Commission. While admitting that the Board had forwarded a proposal for regularisation of petitioners, it is stated that petitioners who are working on contract basis are not on scale of pay and hence are not entitled to the benefit of the cabinet decision.

(3.) It is also stated that Government has also rejected the representation submitted by the petitioners for regularisation.