CHANDRAVATHI M., W/O ASHOKAN Vs. THE STATE OF KERALA
LAWS(KER)-2017-10-311
HIGH COURT OF KERALA
Decided on October 11,2017

Chandravathi M., W/O Ashokan Appellant
VERSUS
THE STATE OF KERALA Respondents

JUDGEMENT

P.R.RAMACHANDRA MENON,J. - (1.) Non-regularisation in service of a person who has served the Department, though on a provisional basis under Rule 9(a)(i) of Part II, KS and SSR, continuing from 20.12.1989 till 25.01.2001 is brought up for consideration of this Court, referring to the litigation launched by the petitioner in the year 2001 itself and the time lag on the part of the Government in considering the claim with proper application of mind.
(2.) At the outset, we have to mention that we are aware of the limited relief which could be granted in a claim for regularisation, which cannot be given as a matter of right, especially after the dictum laid down by the Apex Court in 2006 (4) SCC 1 (Secretary, State of Karnataka and others v. Umadevi and ors). But some benefit has been given by the Apex Court in paragraph 53 of the said verdict, to the deserving and eligible lot. The question to be considered is whether the petitioner comes within the purview of such exception, as a beneficiary. This made us to go into the facts and figures to have an effective adjudication of the issue.
(3.) Heard the learned counsel for the petitioner as well as the learned Sr. Government Pleader appearing for the State.;


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