The absence of sanctioned posts prevents regularization of temporary employees according to law and established procedures.

J U D G M E N T

[WA Nos.244/2026, 173/2026, 196/2026] Sushrut Arvind Dharmadhikari, J.

Regard being had to the similitude of the matters, these Writ Appeals have been heard analogously and are decided by a common judgment.

2. The present intra-court appeals under Section 5 of the Kerala High Court Act , 1958, assail the judgment dated 10.12.2025 passed in W.P.(C) Nos. 28807 of 2022, 3009 of 2023 and 2999 of 2023 whereby the learned Single Judge dismissed the writ petition.

3. The appellants had approached this Court in writ petition claiming regularization of similarly situated persons. As per Exhibit R3(c) the claim of the appellants seeking regularization has already been rejected, in fact in the 2^nd proposal for regularization only 114 posts were sanctioned wherein the appellants were not included in the aforesaid of 114 candidates.

3.1. The learned Single Judge relying on the judgment of this Court in Vishnu S. v. State of Kerala (W.P.(C) No. 5487 of 2021)

dated 10.11.2025 had dismissed the writ petition, with the observation that the parties will be governed by the directions in the judgment in Vishnu S. (Supra).

4. As per paragraph 7 of the counter affidavit filed by the C-DIT, the 3^rd respondent, it is stated that the appellants were initially appointed either as temporary daily wage basis or through walk-in-interview and not through a proper selection process approved as per the recruitment rules. The appellants were appointed only against temporary posts required for the projects. No regular post has been created in C-DIT for appointing the appellants. In absence of regular sanctioned posts, regularization cannot be done.

5. At this stage, the learned Counsel for the appellants seek leave of this Court to withdraw the writ appeals with liberty to approach the competent authority / government, as the case may be, seeking redressal of their grievance, particularly taking into consideration the fact that no sanctioned posts are available for regularization. So far as 114 posts are concerned, the name of these appellants do not figure in that list.

In view of the aforesaid, these writ appeals are permitted to be withdrawn with liberty to approach the competent authority / government, as the case may be, if so advised.

Sd/-