IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO.22050 OF 2022
PETITIONERS :-
1 MAITHILI, AGED 43 YEARS
D/O.DAMODARAN, CHERANDA HOUSE, PURATHUR P.O.,
MALAPPURAM DISTRICT, PIN - 676 102
2 BEENA C., AGED 44 YEARS
D/O.C.KUTTAN, CHANAYIL HOUSE, TRIPRANGODE P.O.,
ALATHIYOOR, MALAPPURAM DISTRICT, PIN - 676 108
3 SREEMU T.P., AGED 45 YEARS
D/O.KORAN, THALUKATTUPARAMBIL,
NIRAMARUTHUR P.O., TIRUR,
MALAPPURAM DISTRICT, PIN - 676 109
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS :-
1 TANUR MUNICIPALITY
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676 302
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY
TANUR MUNICIPALITY, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676 302
3 TANUR MUNICIPAL COUNCIL
TANUR MUNICIPALITY, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676 302
REPRESENTED BY ITS CHAIRMAN
BY ADV HARISH R. MENON, SC, TANUR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.22050 OF 2022
-: 2 :-
JUDGMENT
Dated this the 7th day of July, 2022 This writ petition is filed seeking the following reliefs :-
"a) Call for the records leading to Exts.P5 to P7 and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.
b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioners to continue in their service as contingent sanitary workers in the Municipality and to take steps to regularize their service."
2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent Municipality.
3. It is submitted that the petitioners have been engaged as contingent sanitary workers by the respondent Municipality and are working since 2018. It is submitted that the Municipality is conducting selection for the post of permanent sanitation workers through the Employment Exchange. Though the petitioners had also been duly engaged through the Employment Exchange as sanitation workers and are continuing even after the term of their employment, they are not being considered for regular appointment on the ground that their names do not figure in the list furnished by the Employment Exchange. WP(C) NO.22050 OF 2022 -: 3 :-
4. The learned counsel appearing for the respondents submits that the method of appointment to the post of permanent sanitation worker is by appointment through Employment Exchange and that steps have been taken to fill up the posts through Employment Exchange. It is submitted that a list of 104 persons has been made available by the Employment Exchange for selection and that the petitioners' names did not figure in the said list.
5. Having considered the contentions advanced and in view of the fact that the petitioners are admittedly working as contingent sanitary workers in the Municipality, I am of the opinion that they should also be considered for appointment to the post of permanent sanitary workers in the Municipality.
In the above view of the matter, there will be a direction to the respondents to permit the petitioners also to participate in the selection process and in case they are found suitable, their claim for appointment shall also be duly considered.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/7.7.2022 WP(C) NO.22050 OF 2022 -: 4 :- APPENDIX OF WP(C) 22050/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28.11.2018 Exhibit P2 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 01.12.2018 Exhibit P3 THE TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 04.06.2019 Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED TO ONE VINOD KUMAR P., S/O. SUBRAMANIYAN DATED 17.06.2022 Exhibit P5 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 17.06.2022.
Exhibit P6 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 17.06.2022 Exhibit P7 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER DATED 17.06.2022