IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 6405 OF 2022
PETITIONERS:
1 BINDU P.R.
AGED 47 YEARS
W/O. LATE RAJESH.P.V., PONGAMPADONA,
YOGA PARAMBU, KUMBALAM P.O.,
ERNAKULAM DISTRICT, KOCHI-682 506,
(WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANCHERRY)
2 LALY.K.L.,
AGED 44 YEARS
W/O. ANIL KUMAR, PUTHUVALSATHIL HOUSE,
MURIKKUMPADAM, VYPIN,
KOCHI-682 508 ERNAKULAM,
(WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS
MAGISTRATE COURT,MARADU)
3 VINEETHA GAFOOR @ VIEETHA T.S.,
AGED 47 YEARS
W/O. GAFOOR, OZHIYIL HOUSE, PUTHUKALAVATTOM,
ELAMAKKARA, KOCHI-682 026, ERNAKULAM DISTRICT,
(WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS
MAGISTRATE COURT,KUNNUMPURAM)
BY ADV T.B.MINI
RESPONDENTS:
1 STATE OF KERALA
SECRETARY TO LAW DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE APPOINTING AUTHORITY OF PART TIME SWEEPERS
OF JUDICIAL FIRST CLASS MAGISTRATE COURTS IN ERNAKULAM
DISTRICT (CHIEF JUDICIAL MAGISTRATE,
CJM COURT, ERNAKULAM, KOCHI-682 032
3 ADDL R3.* JOSHI M.B
MAVUNKAL HOUSE, KUMBALANGI P.O., ERNAKULAM-682007
4 *ADDL R4 .GEETHA K
LAKSHMI NIVAS, PAMPADY PARAMBA, EROOR P.O., THRIPPUNITHURA.
PIN:682306
WP(C) NO. 6405 OF 2022
2
5 *ADDL R5 SHAHINA K.B
KATTIKUNNATH HOUSE, PERUMPADANNA, NORTH PARAVUR.
PIN:683513
*(ADDL. R3 TO ADDL R5 ARE IMPLEADED AS PER ORDER DATED
27.05.2022 IN I.A. 2/2022 IN WPC 6405/2022).
BY ADVS.
GP VENUGOPAL. V
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6405 OF 2022
3
JUDGMENT
Dated this the 27th day of May, 2022 The petitioners are working as Part-time Sweepers in the temporary Judicial First Class Magistrate's Courts at Mattanchery, Maradu and Kunnumpuram. They were appointed as Part-time Sweepers (on contract basis) as per Exts.P2, P3 and P4 orders and have been continuing without break. The temporary Magistrate's Courts are now made permanent and the 2nd respondent has conducted interview for appointing Part-time Sweepers from persons advised by the Employment Exchange. Hence, this writ petition.
2. On 31.03.2022, this Court passed an interim order permitting the petitioners to continue in service, if their service has not been terminated by a written order. The petitioners are continuing in service on the strength of that order.
3. Learned Counsel for the petitioners submitted that the petitioners are entitled for regularisation in WP(C) NO. 6405 OF 2022 4 terms of Ext.P5 Government Order and under no circumstances can their service be terminated all of a sudden. It is pointed out that the petitioners have crossed the age for public employment and hence, sympathetic consideration ought to be extended in their case.
4. In the counter affidavit filed by the 2 nd respondent, it is stated that the 16 temporary Judicial First Class Magistrate Courts in Ernakulam were made permanent as per G.O.(MS) No.108/2021. The High Court granted sanction to create 2 posts of Clerk, 1 post of Typist, 2 posts of Office Attendants and 1 post of Part-time Sweepers in the 16 courts. The posts of Clerk, Typist and Office Attendant are to be filled up by recruitment through the Kerala Public Service Commission and appointment to the 16 posts of Part-time Sweepers has to be affected by way of selection from persons advised by the Employment Officer. Accordingly, a list of eligible candidates was received from the District Employment Officer and suitable candidates selected. It is pointed out that in WP(C) NO. 6405 OF 2022 5 Ext.P5 Government Order dealing with regularisation of Part-time Sweepers, it is specified that Part-time contingent Sweepers should be appointed only from the Employment Exchange. It is contended that having been appointed from the open market without adhering to Ext.P5, the petitioners have no right to seek continuance or regularisation.
5. The additional respondents contended that they were advised by the District Employment Officer and selected as Part-time Sweepers in the Judicial First Class Magistrate Courts after conducting interview. The additional respondents reported for joining duty, but are not permitted to join in view of the interim order of this Court.
6. Having heard the learned Counsel for the parties and the learned Government Pleader, I find merit in the contention that the petitioners have no legal right to seek continuance or regularisation. The High Court having directed to fill up the post of Part-time Sweepers in the 16 Judicial First Class Magistrate Courts by appointing persons advised from WP(C) NO. 6405 OF 2022 6 the Employment Exchange and the 2nd respondent having acted accordingly, there is no justifiable reason to interfere with the process of selection or to interdict the selected persons from joining duty.
7. The contractual appointment of the petitioners to the temporary Magistrate's Courts, without undergoing any process of selection, will not confer them with the right to seek continuance.
8. Learned Counsel for the petitioners submitted that the petitioners are yet to be paid salary/wages for the period they worked based on the interim order of this Court. The petitioners having actually worked during the period, there is no justification in not paying the salary for that period. Other claims, if any, emanating from the service so far rendered by the petitioners can be agitated before the appropriate forum.
In the result, the writ petition is dismissed. The 2 nd respondent is directed to take necessary steps to disburse the salary/wages due to the petitioners, for the period which they had actually worked, within one WP(C) NO. 6405 OF 2022 7 month. The petitioners' liberty to claim other benefits, if any due, for the service rendered by them, is reserved.
Sd/-
V.G.ARUN JUDGE NB/27-5 WP(C) NO. 6405 OF 2022 8 APPENDIX OF WP(C) 6405/2022 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION APPEARED IN MATHRUBHUMI DAILY DATED 8.9.21014 EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE FIRST APPLICANT DATED 8.12.2014 BY THE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND APPLICANT DATED 23.6.2015 BY THE CHIEF JUDICIAL MAGISTRATE , ERNAKULAM EXHIBIT P4 TRUE COPY OF THE OFFICIAL MEMORANDUM ISSUED TO THE 3RD APPLICANT DATED 17.4.2015 BY THE CHIEF JUDICIAL MAGISTRATE , ERNAKULAM EXHIBIT P5 TRUE COPY OF THE GO (P ) NO.61/2010/FIN DATED 9.2.2010 EXHIBIT P6 TRUE COPY OF THE ENTRY REGARDING THE NOTING OF DEFECT BY THE REGISTRY OF KERALA ADMINISTRATIVE TRIBUNAL ON 23.2.2022 EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 10.3.2022 PUBLISHED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS EXHIBIT R2(B) EXHIBIT R2(B):TRUE COPY OF THE PROCEEDINGS OF THIS AUTHORITY VIDE ORDER NO.E-7591/2021 DATED 10.03.2022 EXHIBIT R2(A) EXHIBIT R2(A):TRUE COPY OF THE G.O.
(P)NO.501/2005/FIN.DATED 25.11.2005 EXHIBIT R3 A TRUE COPY OF THE ORDER NO E-7591/2021 DATED 10.3.2022 OF THE CHIEF JUDICIAL MAGISTRATE ERNAKULAM TRUE COPY P.A. TO JUDGE