Riyas A vs State Of Kerala
2021 Latest Caselaw 17616 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                   WP(C) NO. 16015 OF 2021
PETITIONERS:

    1     RIYAS A
          AGED 32 YEARS
          THAIPARAMBIL HOUSE, CANAL WARD, ARATTUVAZHI P.O,
          ALAPPUZHA.

    2     SUJITH.S
          AGED 38 YEARS
          KOCHUVELIYIL, PARAVUR P.O, ALAPPUZHA.

    3     SUDHEER H
          AGED 46 YEARS
          ELENJIPARAMBU REENA MANZIL, VELLAKKINAR WARD,
          ALAPPUZHA.

    4     SAIJU UTHAMAN
          AGED 46 YEARS
          ANCHIJILCHIRA, PAZHA VEEDU P.O, ALAPPUZHA.

    5     SAIJU K J
          AGED 41 YEARS
          KOLLAPARAMBIL, THUMBOLI P.O, ALAPPUZHA.

          BY ADVS.
          B.S.SWATHI KUMAR
          ANITHA RAVINDRAN
          HARISANKAR N UNNI
          SARANGADHARAN P.
          REMYA MURALI

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF URBAN AFFAIRS,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
 WP(C) NO. 16015 OF 2021
                                    2

     2       ALAPPUZHA MUNICIPALITY,
             MUNICIPAL OFFICE, ALAPPUZHA, PIN - 688001,
             REPRESENTED BY ITS SECRETARY.

     3       THE DIRECTOR OF URBAN AFFAIRS,
             DIRECTORATE OF URBAN AFFAIRS,
             THIRUVANANTHAPURAM - 695001.

             BY ADVS.
             SRI. SUNIL KURIAKOSE, GP
             SRI. SRI.R.AZAD BABU, SC


      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     27.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16015 OF 2021
                                     3



                                JUDGMENT

Dated this the 27th day of August, 2021

The petitioners are presently working as contingent

employees in the second respondent Municipality,

appointed through a selection process, pursuant to a

notification. They claim that they have been discharging

their duties in an exemplary manner evident from Ext.P2

to Ext.P11. The first respondent is stated to have

decided to regularise the similarly situated employees as

that of the petitioners fixing their criteria of age limit

within fifty years. The second respondent has expressed

their consent to regularise the petitioners by forwarding

Ext.P21 in response to Ext.P20. The grievance of the

petitioners is that no decision has been passed on

Ext.P21.

2. It seems that by virtue of Ext.P21, the second

respondent has forwarded it to the third respondent. The

learned Standing Counsel for the second respondent

submitted that the matter is pending consideration before WP(C) NO. 16015 OF 2021

the Government.

3. Considering the limited prayer sought by the

petitioners and after hearing the learned Counsel for the

petitioner, learned Government Pleader and the learned

Standing Counsel for the Alappuzha Municipality, I am

inclined to direct the third respondent to consider

Ext.P21, if the matter is pending before that authority

and to forward it to the first respondent as expeditiously

as possible, at any rate, within a period of one month

from the date of receipt of a copy of this judgment. The

authority shall consider Ext.P2 to Ext.P19 also in this

regard. The first respondent shall pass appropriate

orders on Ext.P21 within a period of two months from the

date of its receipt from the third respondent, or receipt of

a copy of this judgment, whichever is later.

The Writ Petition is disposed of, as above.

Sd/-

SUNIL THOMAS

JUDGE SKP/27-8 WP(C) NO. 16015 OF 2021

APPENDIX OF WP(C) 16015/2021

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.

H1/16282/17 DATED 26.06.2020.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P9 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.

WP(C) NO. 16015 OF 2021

EXHIBIT P11 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.

EXHIBIT P12 TRUE COPY OF THE 1ST PAGE OF THE MEMBER PASSBOOK ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION TO THE 1ST PETITIONER.

EXHIBIT P13 TRUE COPY OF THE 1ST PAGE OF THE MEMBER PASSBOOK ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION TO THE 2ND PETITIONER.

EXHIBIT P14 TRUE COPY OF THE 1ST PAGE OF THE MEMBER PASSBOOK ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION TO THE 3RD PETITIONER.

EXHIBIT P15 TRUE COPY OF THE 1ST PAGE OF THE MEMBER PASSBOOK ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION TO THE 4TH PETITIONER.

EXHIBIT P16 TRUE COPY OF THE 1ST PAGE OF THE MEMBER PASSBOOK ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANIZATION TO THE 5TH PETITIONER.

EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY OF THE 2ND RESPONDENT NO. H7- 2726/2002 DATED 1.10.2002.

EXHIBIT P18 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO. MOH3/16443/2009 DATED 5.12.2019 OF THE KOCHI CORPORATION.

EXHIBIT P19 TRUE COPY OF THE REPLY NO. H7/29956/15 DATED 20.07.2015.

EXHIBIT P20 TRUE COPY OF THE COMMUNICATION NO.

E2/22528/2020 DATED 23.09.2020.

EXHIBIT P21 TRUE COPY OF THE COVERING LETTER WP(C) NO. 16015 OF 2021

NO.117/10262/11 DATED 25.09.2020.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE