Kerala High Court
N.Remesan vs State Of Kerala on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.253 OF 2021(F)
PETITIONERS:
1 N.REMESAN
AGED 57 YEARS
S/O. NATARAJAN, PERATH HOUSE, KEERIKADU SOUTH,
KAYAMKULAM, ALAPPUZHA-690 502
2 AJITHA KUMARI B,
AJITHA BHAVANAM (KULAYKAL), KANDALOOR NORTH, PATTOLI
MARKET P.O, ALAPPUZHA -690 531
3 SUBAIDA A,
METTUMTHARA PUTHUVAL, PAYIPPADU P.O, HARIPPAD,
ALAPPUZHA-690 514
4 SARADHA K,
AALAMKODU THEKKETHIL, MUTHUKULAM EAST , MUTHUKULAM
P.O, ALAPPUZHA-690 506
5 SEENATH P,
PANIPURA VADAKKETHIL, PRETHANGA MOODU, KAYAMKULAM
P.O, ALAPPUZHA-690 502
6 SATHIAMMA P,
CHURAKADAVU VEEDU, PRAYAR NORTH, PRAYAR P.O,
ALAPPUZHA -690 547
7 ANIL KUMAR B,
VANDIKARAN CHIRAYIL, VELIYAPARAMBU P.O,
KARTHIKAPPALLY, ALAPPUZHA-690 516
8 INDIRA J,
THAIL VEEDU, PATHIYOOR WEST, KEERIKADU P.O,
ALAPPUZHA-690 508
9 FATHIMA KUNJU K.A,
METTUMTHARA PUTHUVAL, PAYIPPAD P.O, HARIPAD,
ALAPPUZHA-690 514
10 MUSTHAFA KUTTY,
KUNNIL KIZHEKETHIL, KEERIKAD SOUTH, KAYAMKULAM P.O,
ALAPPUZHA-690 502
WP(C).No.253 OF 2021(F)
2
11 REJANI P,
KATTUPURAYIDOM, VALIYAZHEEKAL P.O,
ALAPPUZHA-690 535
12 SURESH BABU S,
PUTHAN PADAKASHALA, CHIRAKADAVAM, KAYAMKULAM P.O,
ALAPPUZHA-690 502
13 JAYASREE S,
KALARIKAL CHIRAYIL, KARUVATTAM KUZHY,
KAREELAKULANGARA P.O, ALAPPUZHA-690 512
14 GEETHA S,
PARATHARAYIL, RAMAPURAM, KEERIKADU P.O,
ALAPPUZHA-690 508
15 OMANA C,
ASHAMPARAMBIL THEKKETHIL, RAMAPURAM, KEERIKADU,
ALAPPUZHA-690 508
16 LEKSHMANAN R,
MULAYKAL VADAKKETHIL, PATHIYOOR WEST, KEERIKADU
P.O, ALAPPUZHA-690 508
17 RAMESAN M,
KALAPURA KIZHAKKATHIL, CHINGOLI P.O, CHINGOLI,
ALAPPUZHA-690 532
18 RADHA K,
KARUKATHARAYIL, ERUVA, KAYAMKULAM P.O,
ALAPPUZHA-690 502
19 LILLY J,
KAROTU PUTHUVAL, MUTHUKULAM NORTH, CHULATHERUVU
P.O, ALAPPUZHA-690 506
20 SISTILA SREE V.V,
VAZHASHERRY THEKKETHIL, PUTHUPALLY SOUTH ,
PUTHUPALLY P.O, ALAPPUZHA-690 527
21 REMA BHAI,
PARAMBIL, ERIKAVU, ERIKAVU P.O,
ALAPPUZHA-690 516
22 RASHEEDA BEEVI O,
PANACHAKKAL VEEDU, CHINGOLI P.O, CHINGOLI,
ALAPPUZHA-690 532
WP(C).No.253 OF 2021(F)
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23 SATHIAMMA M.D, (RETIRED)
MANAPURATHU, ERIKAVU, KARTHIKAPALLY P.O,
ALAPPUZHA-690 516
24 MARIMUTHU C.V, (RETIRED),
NIKATHIL HOUSE, VETTUVENI, HARIPAD P.O,
ALAPPUZHA-690 514
25 KASTHURI K, (RETIRED)
AMMANKOVIL KIZHAKETHIL, PALACE WARD, KAYAMKULAM,
ALAPPUZHA-690 502
BY ADV. SRI.C.A.RAJEEV
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF URBAN AFFAIRS,
URBAN AFFAIRS DIRECTORATE SWARAJ BHAVAN, KOWDIAR
P.O, THIRUVANANTHAPURAM-695 033.
3 KAYAMKULAM MUNICIPALITY,
MUNICIPAL OFFICE, KAYAMKULAM, ALAPPUZHA-690 502,
REPRESENTED BY ITS SECRETARY.
GP-SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.253 OF 2021(F)
4
JUDGMENT
Dated this the 6th day of January 2021
This writ petition is filed seeking the following reliefs:
(i) to declare that the petitioners are entitled to
regularize in service as contingent employees from the dates
on which the vacancies to which they were appointed
actually arose.
(ii) to declare that the petitioner are entitled to
consider services rendered by them as substitute workers to
their regular service as contingent workers for the purpose
of calculating service benefits including pension.
(iii) issue a writ of mandamus or such other writ,
other or direction commanding the 1st respondent to consider
and pass orders on Ext.P2 representation within a time
frame to be fixed by this Hon'ble court.
2. Heard the learned counsel for the petitioners and the
learned Government Pleader as well as the learned Standing Counsel
appearing for the 3rd respondent-Municipality.
3. It is submitted by the learned counsel for the petitioners that
the petitioners had been appointed as substitute workers in the
Municipality and had later been appointed as contingent employees.
WP(C).No.253 OF 2021(F)
Seeking regularization as contingent employees with effect from the
date on which the vacancies arose, the petitioners have preferred
Ext.P2 representation before the 1st respondent.
4. The learned counsel for the respondent-Municipality
submits that the said representation may be directed to be
considered after hearing a representative of the petitioners' as well
as the 3rd respondent.
There will, accordingly, be a direction to the 1 st respondent to
take up, consider and pass orders on Ext.P2 representation preferred
by the petitioners with notice to the petitioners as well as the 3 rd
respondent-Municipality. Orders shall be passed within a period of
three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.253 OF 2021(F)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DATED 28.2.01 OF THE
3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED
16.9.2020 OF THE PETITIONERS TO THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF ACKNOWLEDGMENT CARD DATED
24.9.2020 SIGNED BY 1ST RESPONDENT.
