Sunilkumar S. vs Thiruvananthapuram Municipal ...
2021 Latest Caselaw 1740 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                  WP(C).No.20146 OF 2020(P)

PETITIONERS :-

      1     SUNILKUMAR S., AGED 51 YEARS, S/O.SUKUMARAN,
            T.C.50/171, VISAKHAMANDIRAM, KALADY,
            KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT.

      2     A.MANIKANTAN, AGED 51 YEARS
            S/O.APPUKUTTAN NADARD, THAZEPUTHEN VEEDU,
            KOOTH ROAD, ELIPPODE, VATTIYOORKAVU P.O.,
            THIRUVANANTHAPURAM DISTRICT.

      3     SHAJIMON J., AGED 44 YEARS
            S/O.JALALUDHEEN, MRA C2A, 1453, SALAMATH HOUSE,
            KUNNUMPURAM, MUKKOLA, NETTAYAM P.O.,
            THIRUVANANTHAPURAM DISTRICT.

      4     GOPAKUMAR K., AGED 53 YEARS
            S/O.KAMALAHASANAN M., T.C.67/0715/1, GOPIKANIVAS,
            CHIRAYIL VAZHAMUTTAM, PACHALLOOR P.O.,
            THIRUVANANTHAPURAM DISTRICT.

      5     SAJIKUMR S., AGED 48 YEARS, S/O.SUKUMARAN,
            SARADA BHAVAN, PRIYADARSHINI NAGAR,
            CHEMBAZHANTHI P.O., PULIYANKODE,
            THIRUVANANTHAPURAM DISTRICT.

      6     MOHANDAS G., AGED 55 YEARS
            S/O.GOVINDAN ASARI, TC 983, SAROJA MANDIRAM,
            KUMARAPURAM, THURUVIKKAL, MEDICAL COLLEGE P.O.,
            THIRUVANANTHAPURAM DISTRICT.

      7     J.ANILKUMAR, AGED 36 YEARS,
            S/O.JAYAPRASAD, PUTHEN VEEDU, VALIYAVILA,
            CHATTAMBISWAMI NAGAR, CHEMBAZHANTHI P.O.,
            THIRUVANANTHAPURAM DISTRICT.

      8     B.SREENIVASAN, AGED 31 YEARS, S/O.BHASI,
            TC 64/1864(1), SREENILAYAM, ELAKATHARA,
            MADHUPPALAM, KARUMAM P.O.,
            THIRUVANANTHAPURAM DISTRICT.

      9     SHIBU B., AGED 41 YEARS, S/O.BHASI,
            TC 50/159, VAYALMUDAMBIL VEEDU, KALADY,
            KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT.
 WP(C).No.20146 OF 2020(P)

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       10     JOSE S.L., AGED 49 YEARS, S/O.SUKUMARAN Y.,
              SHARON, VALLABHANVILA, RAMAPURAM, THANNIMOODU,
              THIRUVANANTHAPURAM DISTRICT.

       11     BIJU P., AGED 42 YEARS, S/O.PRABHAKARAN,
              ASWATHI BHAVAN, PERAKAM, PUNJAKKARI,
              THIRUVALLA P.O., THIRUVANANTHAPURAM DISTRICT.

       12     MADHOSOODANAN B., AGED 55 YEARS
              S/O.BALAKRISHNAN, MANGALAMANDIRAM, PUNJAKKARI,
              THIRUVALLAM P.O., THIRUVANANTHAPURAM DISTRICT.

       13     KABEER A., AGED 57 YEARS, S/O.ABDU,
              MUMTHAZ MANZIL, KONNIYUR, PUNALAL P.O.,
              PERUMKULAM, THIRUVANANTHAPURAM DISTRICT.

       14     A.BINUKUMAR, AGED 46 YEARS
              S/O.APPU K., ASWATHI BHAVAN, PARANKIMAVLA,
              ALAKUNNAM, PEYAD P.O., THIRUVANANTHAPURAM DISTRICT.

       15     AJITHKUMAR G., AGED 53 YEARS
              S/O.P.GOPALAPILLAI, KANIVILAKAM, KUSAVARIKAR,
              MUKKOLA P.O., KUDAPPANAKUNNU,
              THIRUVANANTHAPURAM DISTRICT.

       16     ANILKUMAR A., AGED 53 YEARS
              S/O.APPUKUTTAN NAIR P., VAIKUNDAM, THOZHUKKAL,
              VIZHINJAM P.O., THIRUVANANTHAPURAM DISTRICT.

       17     PRAKASH M., AGED 50 YEARS, S/O.MUKUNDAN,
              PRAKASH BHAVAN, MALAYAM, MULAYARA P.O., VILAPPIL,
              THIRUVANANTHAPURAM DISTRICT.

       18     SAINULABDHEEN M.S., AGED 54 YEARS, S/O.SULAIMAN,
              TC 20/1270, JASMIN MANZIL, MILAD NAGAR, KARAMANA,
              THIRUVANANTHAPURAM DISTRICT.

       19     ANILKUMAR H., AGED 40 YEARS, S/O.HARIDASAN,
              56C, RAJI NIVAS, KURUVIKAMAN NAGAR, TKMC P.O.,
              KARIKODE, THIRUVANANTHAPURAM DISTRICT.

       20     SANALKUMAR N.P., AGED 46 YEARS,
              S/O.N.PRABHAKARAN, PRASADAM, KEEZHPAD, OOKKODU,
              THIRUVANANTHAPURAM DISTRICT.

       21     SATHEESAN S., AGED 47 YEARS, S/O.SASIDHARAN K.,
              TC 47/1352, SHOPPIL VEEDU, POONTHURA P.O.,
              THIRUVANANTHAPURAM DISTRICT.
 WP(C).No.20146 OF 2020(P)

                              -: 3 :-


       22     V.BALACHANDRAN NAIR, AGED 52 YEARS
              S/O.VASUDEVAN NAIR, AMAL NIVAS, KATTAYIKONAM,
              KATTAYIKONAM P.O., THIRUVANANTHAPURAM DISTRICT.

       23     L.MOHANAN, AGED 55 YEARS, S/O.LAKSHMANAN,
              KARTHIKA BHAVAN, VALLABHANVILA, KOZHODU,
              THANNIMOODU P.O., THIRUVANANTHAPURAM DISTRICT.

       24     V.SREEKALA, AGED 44 YEARS, D/O.KAMALAHASAN,
              AKHIL BHAVAN, PARUNTHANPARA, CHOVVALLUR,
              VILAPPILSALA, THIRUVANANTHAPURAM DISTRICT.

       25     S.SUDHA, AGED 48 YEARS, D/O.CHELLAPPAN,
              VISHNU BHAVAN, PLAVILAKKAVU, CHERIYAKKONNI P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       26     L.BABURAJ, AGED 52 YEARS, S/O.LORENCE,
              RAJBHAVAN, KOLLAMKONAM, CHARAVILA, PEYAD P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       27     S.GOPI, AGED 45 YEARS, S/O.SREEDHARAN NADAR,
              THANNININNAVILA VEEDU, KOZHODU, THANNIMOODU P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       28     M.GOPALAKRISHNAN, AGED 45 YEARS,
              S/O.MADHAVAN NADAR, HARI BHAVAN,
              DURGA NAGAR, KOZHODU, THANNIMOODU P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       29     K.AJIKUMAR, AGED 46 YEARS, S/O.KUNJIRAMAN,
              JAYA BHAVANAM, SOORANAD NORTH, ANAYADI P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       30     C.VIPINKUMAR, AGED 34 YEARS, S/O.CHANDRABHANU,
              TC.6/2545, KUNNANPARA VEEDU, KODUNGANOOR,
              VATTIYOORKAVU P.O., THIRUVANANTHAPURAM DISTRICT.

       31     N.V.SUNIL, AGED 47 YEARS, S/O.K.NARAYANAN,
              PRASANTH, HOSPITAL JUNCTION, POOVAR, POOVAR P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       32     C.LENINKUMAR, AGED 38 YEARS, S/O.CHANDRABHANU,
              TC.6/2545, KUNNANPARA VEEDU, KONDUNGANOOR,
              VATTIYOORKAVU P.O., THIRUVANANTHAPURAM DISTRICT.

       33     C.GEETHANJALI, AGED 50 YEARS, D/O.SUNDARAN PILLAI,
              RAJU KOTTAGE, SIVADURGA, CHAMAVILA, PEYAD P.O.,
              THIRUVANANTHAPURAM DISTRICT.
 WP(C).No.20146 OF 2020(P)

                              -: 4 :-


       34     VALSALAKUMARI, AGED 50 YEARS
              D/O.RAGHAVAN PILLAI, ANAND NIVAS, BHAGAVATHIPURAM,
              KUTHIRAKALAM P.O., VELLANAD,
              THIRUVANANTHAPURAM DISTRICT.

       35     SANTHAKUMARI R., AGED 55 YEARS
              D/O.KUNJAN PILLAI, PALAYATHIL VEEDU,
              BHAGAVATHIPURAM, KUTHIRAKKALAM P.O., VELLANADU,
              THIRUVANANTHAPURAM DISTRICT.

       36     LEELAKUMARI N., AGED 52 YEARS
              D/O.ANTONY, LEENA BHAVAN, ALAMCODE,
              VILAPPILSALA P.O., THIRUVANANTHAPURAM DISTRICT.

       37     VALSALA S., AGED 55 YEARS
              D/O.CHELLAPPAN, RAJEEV NIVAS, PLAVILAKKAVU,
              CHERIYAKONNI, THIRUVANANTHAPURAM DISTRICT.

       38     VIMALA T., AGED 58 YEARS
              D/O.TETUS, PUTHENPARA, PALLITHARA VEEDU,
              CHOVVALLUR, VILAPPILSALA P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       39     MANOJKUMAR C.V., AGED 42 YEARS
              S/O.VASU R., CHARUVILAYIL PUTHENVEEDU,
              THEKKATHODU P.O., THANNITHODU,
              THIRUVANANTHAPURAM DISTRICT.

       40     AYYAPPAN P., AGED 37 YEARS
              S/O.PURUSHOTHAMAN PILLAI, PARVATHI BHAVANAM,
              PERUMANNUR P.O., KOTTARAKKARA.

       41     JAYAKUMAR T., AGED 45 YEARS
              S/O.THANKAPPAN PILLAI, NAKSHATHRA, MULAYARA,
              MULAYARA P.O., THIRUVANANTHAPURAM DISTRICT.

       42     SHYLAJA D., AGED 45 YEARS, D/O.LAZAR,
              MIDHUN BHAVAN, PARUTHANPARA, CHOVVALLUR,
              VILAPPILSALA P.O., THIRUVANANTHAPURAM DISTRICT.

       43     THULASI K., AGED 53 YEARS
              D/O.KRISHNAN NADAR, MAVUVILA, PUNCHAKARI,
              THIRUVALLA P.O., THIRUVANANTHAPURAM DISTRICT.

       44     JOSE C., AGED 51 YEARS
              D/O.CHELLAPPAN NADAR, JOSE BHAVAN, MADAKKRIKKU,
              PUTHENVILA, PAYATTUVILAKAM,
              THIRUVANANTHAPURAM DISTRICT.
 WP(C).No.20146 OF 2020(P)

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       45     JOHNY C., AGED 55 YEARS
              S/O.CHELLAPPAN NADAR, HAIDIT NIVAS,
              CHAMUNDESWARI ROAD, CHAVADI NADA, VENGANOOR,
              THIRUVANANTHAPURAM DISTRICT.

       46     SHAJIMON S., AGED 46 YEARS
              S/O.SAHAYYA, MIDHUN BHAVAN, PARUTHANPARA,
              CHOVVALLUR, VILAPPILSALA,
              THIRUVANANTHAPURAM DISTRICT.

       47     M.ASOKAN, AGED 54 YEARS, S/O.MADHAVAN,
              VADAKKEKARA HOUSE, KOZHODUM THANNIMOODU P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       48     S.L.JOHN, AGED 53 YEARS
              S/O.SUKUMARAN, SUKUMARA VILAS, PARUTHIVELI,
              RAMAPURAM, THANNIMOODU P.O.,
              THIRUVANANTHAPURAM DISTRICT.

       49     K.Y.SUNILKUMAR, AGED 50 YEARS
              S/O.KOCHAPPI, TC.6/2545, KUNANPARA, KODUNGANOOR,
              VATTIYOORKAVU, THIRUVANANTHAPURAM DISTRICT.

              BY ADVS.
              SRI.SAIJO HASSAN
              SRI.NAGARAJ NARAYANAN
              SRI.BENOJ C AUGUSTIN
              SRI.RAFEEK. V.K.
              SRI.U.M.HASSAN
              SMT.P.PARVATHY
              SMT.SURYA P SHAJI
              SRI.MANAS P HAMEED
              SMT.AATHIRA SUNNY


RESPONDENTS :-

       1      THIRUVANANTHAPURAM MUNICIPAL CORPORATION
              MUNICIPAL OFFICE, VIKAS BHAVAN P.O.,
              THIRUVANANTHAPURAM - 695 033,
              REPRESENTED BY ITS SECRETARY.

       2      MUNICIPAL COUNCIL
              THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
              MUNICIPAL OFFICE, VIKAS BHAVAN P.O.,
              THIRUVANANTHAPURAM - 695 033,
              REPRESENTED BY SECRETARY,
              THIRUVANANTHAPURAM MUNICIPAL CORPORATION.
 WP(C).No.20146 OF 2020(P)

                              -: 6 :-


ADDL. 3       GOVERNMENT OF KERALA,
              REPRESENTED BY ITS SECRETARY,
              LOCAL SELF GOVERNMENT INSTITUTIONS,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

              ADDL.R3 SUO MOTU IMPLEADED VIDE ORDER DATED
              01.12.2020 IN WPC NO.20146/2020.

              BY ADV. SRI.N.NANDAKUMARA MENON (SR.)
              BY SRI.P.K.MANOJKUMAR, SC, TVPM CORPORATION


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20146 OF 2020(P)

                                        -: 7 :-


                                   JUDGMENT

Dated this the 18th day of January 2021

This writ petition is filed seeking the following reliefs :-

"a) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider the regularization of the petitioners in service of the 1st respondent in accordance with Exhibit P1 decision of the 1 st respondent before any appointment is made pursuant to Exhibit P7 decision.

b) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider the petitioners for regular appointment to the last grade service of the 1st respondent Corporation in the light of Exhibit P1 decision along with the appointments to be made vide Exhibit P7 decision.

c) To issue a writ of prohibition or other appropriate writ, order or direction prohibiting the respondents from making any appointment vide Exhibit P7 decision to the posts in which the petitioners are presently working in the 1 st respondent Corporation in the light of Exhibit P1 decision.

d) To issue a writ of certiorari or other appropriate writ, order or direction quashing Exhibit P7 decision as unjust, unreasonable, illegal and arbitrary to the extent of seeking to fill the posts in which the petitioners are presently working in the 1st respondent Corporation."

2. Heard the learned counsel for the petitioners, the learned

Senior Counsel appearing for the 1 st respondent Corporation and the

learned Government Pleader appearing for the additionally impleaded

3rd respondent.

WP(C).No.20146 OF 2020(P)

3. It is submitted by the learned counsel for the petitioners

that the petitioners had been working as sanitation workers and

contingent employees in the 1st respondent Corporation. It is

submitted that some of the petitioners have been in service for more

than twenty years. It is submitted that Ext.P1 resolution had been

passed by the council in the year 2014 seeking permission from the

Government to regularise 165 such contingent workers. It is

submitted that no orders have been passed thereon. Long thereafter,

by Ext.P7, it is submitted that a decision was taken to fill up 147

vacancies of sanitation workers through employment exchange. It is

submitted by the learned counsel for the petitioners that the

petitioners having been in service for long years and their claim for

regularisation having been forwarded to the Government for

consideration, the action of the Corporation in having turned around

and taken steps to fill up vacancies through employment exchange is

illegal and unjustifiable.

4. A statement has been placed on record by the 1 st

respondent. It is stated at paragraph 2 of the statement as follows :-

"2. It is respectfully submitted that the Council of the Corporation has considered the various grievances of the petitioners who are contingent workers working in the Corporation for a long number of years and taking into consideration the hardship, injury and inconvenience that will be caused to the petitioners have unanimously decided to regularize the services of WP(C).No.20146 OF 2020(P)

the petitioners as contingent workers in the Corporation. The above decision has been taken by the Corporation Council in its meeting held on 26-9-2020 as per Council Resolution No.1(2). "

A decision of the Corporation Council dated 26.9.2020 which resolves

to seek permission of the Government to appoint contingent

employees like the petitioners on a regular basis is produced.

5. The learned Government Pleader submits that on receipt of

the resolutions by the 1st respondent, the 3rd respondent has called for

a report from the Director of Urban Affairs and that the issue is

pending consideration before the Government.

Having considered the contentions advanced and in view of

the statement placed on record by the 1 st respondent, I am of the

opinion that the issue is liable to be considered by the Government.

Accordingly, there will be a direction to the 3 rd respondent to take up

the request made by the Corporation for sanction as evident from

Exts.P1 and P7 and to pass orders thereon within a period of three

months from the date of receipt of a copy of this judgment. Till such

time, the interim order shall remain in force.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/18.1.2021.

WP(C).No.20146 OF 2020(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DECISION DATED 28/08/2014 OF THE 2ND RESPONDENT COUNCIL.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 22/11/2014 ISSUED BY THE 1ST RESPONDENT CORPORATION TO THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 02/07/2015 ISSUED BY STATE GOVERNMENT TO THE DIRECTOR, URBAN AFFAIRS HAD ENQUIRED AS TO WHETHER THE CORPORATION WAS READY TO BEAR THE FINANCIAL BURDEN.

EXHIBIT P4 TRUE COPY OF THE DECISION DATED 24/07/2015 OF THE 1ST RESPONDENT CORPORATION.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 08/08/2015 OF THE 1ST RESPONDENT CORPORATION.

EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 4/10/2018 BEFORE THE HONOURABLE MAYOR OF THE RESPONDENT CORPORATION.

EXHIBIT P7 TRUE COPY OF THE DECISION DATED 30/07/2020.

EXHIBIT P8 TRUE COPY OF THE DECISION NO.1 (2) DATED 26/09/2020 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:

ANNEXURE-A : THE PHOTOSTAT COPY OF THE RESOLUTION No.1(2) DATED 26-9-2020 ISSUED BY THE MAYOR, CORPORATION OF TRIVANDRUM.

//TRUE COPY//

P.A. TO JUDGE