P.Vijayan Nair vs State Of Kerala on 21 May, 2009

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Kerala High Court

P.Vijayan Nair vs State Of Kerala on 21 May, 2009

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 16533 of 2001(R)



1. P.VIJAYAN NAIR
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.GOPALAKRISHNAN NAIR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :21/05/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                 -----------------------------
                      O.P No. 16533 of 2001-R
                ------------------------------
               Dated this the 21st day of May, 2009.

                           J U D G M E N T

The petitioners who are workers engaged in various Government Presses to do loading and unloading work, claim regularisation in service on the ground that they have been thus engaged for the past nearly 20 years. Ext.P1 order dated 1.9.1998 states that petitioners are doing loading and unloading work in various Government Presses for the past 19 years. Nearly 10 years have been passed after Ext.P1 order was issued. Going by Ext.P1 it would appear that the petitioners have been doing the loading and unloading work for the past 29 years. In my opinion the Government should therefore consider the question whether the petitioners are entitled to regularization. As a matter of fact, Ext.P9 would disclose that the Director of Printing has recommended regularization of their services. I accordingly dispose of this writ petition with the direction that in the event the petitioners filing an appropriate representation before the Secretary to Government, Higher Education Department setting out their claims and O.P No. 16533 of 2001-R 2 contentions within one month from today, the Government shall consider the same and pass orders thereon within three months from the date on which such representation is filed, having due regard to the recommendations of the Director of Printing in Ext.P9. The Government shall while taking a decision in the matter also have due regard to the fact that the petitioners have been doing the loading and unloading work for the past nearly three decades. The Government shall before passing orders as directed above, afford the petitioners a reasonable opportunity of being heard.

Sd/-

P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab O.P No. 16533 of 2001-R 3

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