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2010 Supreme(Ker) 8

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
The Sub Inspector of Police, Alappuzha District – Appellant
Versus
S. Girija – Respondent


Advocates Appeared: For the Appellants :T.R. Bindu, Government Pleader. For the Respondent:R1, M.V.Thamban, Advocate.

Judgment :-

Balakrishnan Nair, J.

The respondents in the writ petition are the appellants. The respondent herein was the writ petitioner.

2. The brief facts of the case are the following : The respondent was appointed as Part Time Sweeper by the second appellant, as per Ext.P1 proceedings dated 22.5.2004. Going by the said proceedings, it is clear that the respondent's name has been sponsored by the Cherthala Employment Exchange, and based on such sponsoring, she was considered and selected for appointment. But, the said appointment was temporary and for a period of 179 days. When she was going to be terminated on completion of the term of appointment under Ext.P1, she filed the writ petition. The learned Single Judge noticed that the regular method of appointment of Part Time Sweeper, which is a post borne on Part Time Contingent Service, is through Employment Exchange. Therefore, though the appointment order said that it was provisional and only for a period of 179 days, it as held that it should be taken as a regular appointment. In that view of the matter, the writ petition was allowed. The appellants, feeling aggrieved by the said judgment, have preferred this Writ Appeal.

3. W


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