Raj Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

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Citation: sooperkanoon.com/1374158
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Aug 01, 2023
Case Number: WP(C)/2525/2016

Parties & Advocates

Appellant / Petitioner

Raj Kumar

Respondent

State of Kerala

Excerpt

.....given employment on temporary basis as driver in the elappara grama panchayath,respondent no.3 with effect from 07.06.2014 and continued till filing of the writ petition. with the change of the management of the grama panchayath steps were taken to remove the temporary employees by replacing them with other hands as no steps were taken to appoint persons for regular employment. apprehending termination, has approached this court.2. grama panchayath though has not filed thecounter affidavit argued that there was an interim orderof this court in favour of the petitioner.3. i have heard learned counsel for the parties and appraised the paper book.4. the law with regard to the replacement of a temporary employee with another hand is no longer res integra in view of the ratio decidendi culled out in hargurpratap singh vs. state of punjab & others wp(c) no. 2525 of 2016 -3-(2007) 13 scc 292. it is settled law that until and unlessthe temporary employees are replaced with regular employees, temporary employees cannot be replaced with another set of temporary employees. this is what precisely indicated by the petitioner and for that reason, this court came to the rescue of the petitioner by granting interim order dated 21.01.2016.5. in my view, until and unless steps are taken for filling up the vacancy by regular hands, temporary employees cannot be replaced, provided there are noallegations,. writ petition is allowed with aforementioned observations. sd/- amit rawal judge vv wp(c) no. 2525 of 2016 -4- appendix of wp(c) 2525/2016 petitioner exhibits exhibit p1 true copy of the attendance register for the month of january, 2016 exhibit p2 true copy of the decision dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 2525 OF 2016 PETITIONER: RAJ KUMAR AGED 40 YEARS S/O. CHODALA, KAVBAKULAM PUTHUVAL, FAIR FEILD P.O., PEERMEDU, IDUKKI DISTRICT - 685 501. SRI.K.S.HARIHARAPUTHRAN SRI.DIPU JAMES SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2 ELAPPARA GRAMA PANCHAYATH COMMITTEE REPRESENTED BY ITS PRESIDENT, GRAMA PANCHAYATH OFFICE, ELAPPARA P.O, IDUKKI - 685 501. 3 ELAPPARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,GRAMA PANCHAYATH OFFICE, 4 THE SECRETARY ELAPPARA GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE, SRI.JUSTIN JACOB, SR.GP SRI.FIROZ K.ROBIN SRI.J.JULIAN XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2525 OF 2016 -2-

JUDGMENT

1. Petitioner was given employment on temporary basis as driver in the Elappara Grama Panchayath,

respondent No.3 with effect from 07.06.2014 and continued till filing of the writ petition. With the change of the management of the Grama Panchayath steps were taken to remove the temporary employees by replacing them with other hands as no steps were taken to appoint persons for regular employment. Apprehending termination, has approached this Court.

2. Grama Panchayath though has not filed the

counter affidavit argued that there was an interim order

of this Court in favour of the petitioner.

3. I have heard learned counsel for the parties and appraised the paper book.

4. The law with regard to the replacement of a temporary employee with another hand is no longer res integra in view of the ratio decidendi culled out in Hargurpratap Singh Vs. State of Punjab & Others WP(C) NO. 2525 OF 2016 -3-

(2007) 13 SCC 292. It is settled law that until and unless

the temporary employees are replaced with regular employees, temporary employees cannot be replaced with another set of temporary employees. This is what precisely indicated by the petitioner and for that reason, this Court came to the rescue of the petitioner by granting interim order dated 21.01.2016.

5. In my view, until and unless steps are taken for filling up the vacancy by regular hands, temporary employees cannot be replaced, provided there are no

allegations,. Writ petition is allowed with aforementioned observations. Sd/- AMIT RAWAL JUDGE vv WP(C) NO. 2525 OF 2016 -4- APPENDIX OF WP(C) 2525/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY, 2016 EXHIBIT P2 TRUE COPY OF THE DECISION DATED

Same Court & Year Kerala · 2023 Same Parties Raj Kumar vs State of Kerala Same Judge Honourable Mr. Justice Amit Rawal