MANIYAN T Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner says that he is working as a temporary daily wage employee in the services of the 2nd respondent-Co-operative Society and that he has been in such service for more than 16 years. On such factual assertion, he prays that the said respondent be directed to regularise him in service and offer him permanency.

(2.) In answer to the afore submissions made by Sri.R.Rajesh, the learned counsel for the petitioner, the learned Standing Counsel for the 2nd respondent-Society, Sri.N.Raghuraj, submits that the post to which the petitioner is seeking regularisation is one among the posts which are part of the staff pattern approved by the Statutory Authorities and therefore, that it can be filled up through the aegis of the Public Service Commission. He says that the 2nd respondent is also incapacitated from acting under the directions of the Hon'ble Supreme WPC 15463/19 Court in Secretary, State of Kerala v. Uma Devi [(2006) 4 SCC 1] because such process of regularisation had already been done earlier. He adds that the 2nd respondent cannot, in any event, take any further decision in this regard because Ext.P5 order has already been issued by the Government of Kerala rejecting the petitioner's request.

(3.) Smt.C.S.Sheeja, the learned Senior Government Pleader appearing on behalf of the official respondents, submits that Ext.P5 order has been issued taking note of the fact that the vacancy to which the petitioner is seeking permanency can be filled up only through the Public Service Commission and because the declaration of law in Uma Devi (supra) is not applicable to the 2nd respondent for the reasons already stated by Sri.N.Raghuraj. She says that there is nothing wrong in Ext.P5 and prays that this Court may not set aside the same. WPC 15463/19