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Personnel And Administrative Reforms Department
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Important Gov.Orders
 
 
 


Personnel And Administrative Reforms Department

GOVERNMENT OF KERALA

Abstract

PUBLIC SERVICES-REGULARISATION OF PROVISIONAL HANDS- W.A. 105/2001 IN OP NO. 20042/98-IMPLEMENTATION OF JUDGEMENT –ORDERS ISSUED.

PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE-C) DEPARTMENT

G.O. (P) NO. 39/2002/P&ARD.           Dated, Thiruvananthapuram, 26thAugust2002.

            Read: - 1. Circular No. 9516/Adv.  C1/92/P&ARD dated 9-3-1995

2.      Letters No. AV (4) 2093/95/GW dated 7-6-1995 and 26-9-1997 from

The Secretary, Kerala Public Service Commission

3.      Government letters No 9516/Adv.C1/92/P&ARD dated 17/3/1998.

4.      Judgement dated 25-9-2000 in OP No. 20042/98

5.      Judgement dated 21-12-2001 in WA 105/2001 in OP No20042/98.

ORDER

            The question of regularizing the services of provisional hands, who have been continuing in service for along time has been engaging the attention of Government.  Pending final decision, Government vide circular read as I st paper above issued direction that provisional employees who have been appointed in Public Services/Private Sector undertaking before 1-11-11987 and were continuing in service as on 13-1-1995 may not be discharged from service and may be allowed to continue in the posts held by them until further orders, purely on provisional basis, provided the conditions stipulated therein are satisfied.

            The matter was taken up with the Public Service Commission for their concurrence.  The Commission disagreed with the proposal and advised to drop it as per the reference 2ndcited.

            Government as per the reference read as3rd paper above decided to collect category wise details of all provisional (temporary) hands including those on daily wages and on contract appointment and part-time employees whop have been appointed in public Services (including Public Sector undertakings) up to 1-1-1994 and who have completed a minimum period of 3 years service on 1-1-1997 and are continuing in service subject to the condition specified therein.

            OP No 11358/98 and OP No.20042/98 were filed in the High Court against the regularization of provisional hands. 

            The Hon’ble High Court in the judgement dated 16-10-1998 ordered interim stay of Government Circular dated 9-3-1995 and Government letter dated 17-3-1998.themainobservation in the judgement in OP No. 20042 /98 dated 25-9-2000 was as follows: -

            “The attempt for regularization of temporary employees on the ground that they had continued for three years or they are in service for a long time is ultravires, illegal and arbitrary.  The attempt to regularize the temporary hands as per Ext. P1 and P2 is violative of the right for equality of opportunity as enshrined in article16 of the Constitution of India and it militates against the constitutional and statutory requirements and mandates.  In the decision reported in Director, Institute of Management Development U.P. Vs. Smt. Pushpa Srivastava (AIR 1992 SC2070) the Apex Court has made it clear that stopgap appointees or temporary appointees do not have any right for continuance or for regularization.  Extr.P1 and P2 are violative of articles 14 of Constitution of India and arbitrary as well. It is beyond the power of the Government.”

            The Court had also issued the following direction for compliance:-

            “The temporary employees now continuing in service shall be forthwith terminated to ensure adherence to the legal provisions.  Such vacancies shall be immediately reported to the Public service Commission for making regular appointment.  In case there is no list prepared by the Public Service Commission in respect of any category or department, fresh appointment under Rule 9 (a) (i) shall be made limiting such appointment to the period mentioned in the said rules.  Government shall also see that these directions are complied with by all the appointing authorities under Government and by the Public Sector/Autonomous/Local Bodies and Universities.”

            Government filed W.A. 105/2001 before the High Court against the Judgement in OP No. 20042/98.  The High Court by order dated 21-8-2001 stayed the termination of service of provisional hands for a period of three months with effect from 21-3-2001.The High Court on 6-7-2001 further extended the stay for three months. 

            The Hon’ble High Court in the Judgement in W.A. 105/2001 read as 5th paper above has directed the Government to pass final orders on the basis of details collected pursuant to the Ext. P1 and Ext. P2 (i.e. the circular and letter read as first and third paper above) within four months from the date of receipt of judgement.  The Hon’ble High Curt also ordered that those who were continuing in service on the basis of the interim order passed by the Court could continue till a decision is taken by the Government.

            Government have examined the matter in detail and are pleased to order that the services of the provisional employees continuing in service as per the Circular No. 9516/Adv. C1/92/P&ARD dated 9-3-1995 and Government letter no.9516/Adv. C1/92/P&ARD dated 17-3-1998 will not be regularized.  It is also ordered that each case of the provisional employees continuing in service s per the Circular No.9516/Adv.C1/92/P&ARD dated 9-3-1995 will be examined and those deserving exceptional consideration on humanitarian grounds may be permitted to continue in service purely on a provisional basis, invoking Rule 39 of the Kerala State and Subordinate Service Rules without regularizing their services.  The concerned Administrative Departments will take necessary further action in the matter accordingly.

By order of the Governor,

C. RAMACHANDRAN

Principal Secretary to Government.

To

All Heads of Department/Appointing Authorities and Offices.

            All Districts Collectors.

            All Departments (all sections) of the Secretariat including Law and Finance

            All Officers of the Secretariat

            The Accountant General (A & E), Kerala, Thiruvananthapuram (with C.L.)

            The Principal Accountant General (Audit), Kerala, Thiruvananthapuram  (With

               C.L.)

            The Secretary, Kerala Public Service Commission (With C.L.)

            The Registrar, High Court of Kerala, Ernakulam. (With C.L.)

            The Registrar, University of Kerala/Kochi/Kozhikode/Kannur. (With C.L.)

            The Registrar, Mahatma Gandhi University, Kottayam. (With C.L.)

            The Registrar, Kerala Agricultural University, Thrissur. (With C.L.)

            The Registrar, Sree Sankaracharya University of Sanskrit, Kalady, Ernakulam.

                  (With C.L.)

             The Secretary, Legislature Secretariat. (With C.L.)

             The General Manager, K.S.R.T.C., Thiruvananthapuram. (With C.L.)

              The Secretary, K.S.E.B,Thiruvananthapuram

            The Private Secretary to the Chief Minister and Other Ministers.

            The Private Secretary to the Leader of Opposition, Cantonment House,

              Thiruvananthapuram.

            The Private Secretary to the Speaker,/Deputy Speaker, Legislative Assembly,

               Thiruvananthapuram.

           The Private Secretary to the Governor, Raj Bhavan, Thiruvananthapuram

            The Advocate General, Ernakulam.

            The Additional Secretary to the Chief Secretary.

            The Director of Public Relations

            The Stock File.

 

 

 

 




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