Kerala High Court
Kondotty Municipality vs Muneera P on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
WA NO. 1589 OF 2021
AGAINST JUDGMENT DATED 12/11/2021 IN WP(C) 14923/2021 OF THIS COURT.
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APPELLANTS/RESPONDENTS 2 & 3:
1.KONDOTTY MUNICIPALITY, KONDOTTY P.O.,MALAPPURAM DISTRICT -673 638,
REPRESENTED BY ITS SECRETARY.
2.THE SECRETARY,KONDOTTY MUNICIPALITY, KONDOTTY P.O.,
MALAPPURAM DISTRICT - 673 638.
BY STANDING COUNSEL SRI.K.A.JALEEL
RESPONDENTS/WRIT PETITIONER & 1ST RESPONDENT:
1.MUNEERA P.,AGED 38 YEARS,CONTINGENT EMPLOYEE, KONDOTTY MUNICIPALITY,
KONDOTTY P.O., MALAPPURAM DISTRICT - 673 638.
2.STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF - GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
BY ADV.SRI.V.VARGHESE FOR R1.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the judgment dated 12/11/21 in WPC No.14923/2021, pending final
disposal of the above Writ Appeal, in the interest of justice.
This Writ Appeal coming on for orders on 30/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P2:TRUE COPY OF THE LETTER NO.G1-5146/17
DATED 12/12/2018 OF THE 3RD RESPONDENT.
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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
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W.A. No. 1589 of 2021
[arising out of the impugned judgment dated 12.11.2021 in
WP(C) No. 14923/2021]
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Dated this the 30th day of November, 2021
ORDER
The competent authority of the 2 nd respondent State
Government in the Local Self Government Department (Urban
Affairs) will immediately furnish instructions to the learned Senior
Government Pleader as to whether, the request made by
the appellant Kondotty Municipality, as per Ext.P-2 letter No.G1-
5146/17 dated 12.12.2018 for regularizing the services of incumbents
like the writ petitioner Smt.P.Muneera in the contingent
establishment, has been approved or rejected by the State
Government, etc.
2. This we say so as there are no pleadings on that issue in
the Writ Petition or in the Writ Appeal. However, Sri.K.A.Jaleel,
learned Standing Counsel for the appellant Kondotty
Municipality has made available a copy of Government Letter No.EU
3/277/2019/LSGD dated 11.6.2020 issued by the competent authority
of the State Government in the Local Self Government Department
(EU) that the said request as per Ext.P-2 dated 12.12.2018 has been
rejected by the State Government, etc.
3. Sri.V.Varghese, learned counsel appearing for the
contesting respondent No.1 in the appeal/writ petitioner would assert
W.A. No. 1589 of 2021
..2..
that his party has no knowledge about said letter dated 11.6.2020 and
further that all the contingent employees covered by Ext.P-2 are still
continuing in service, and this hostile discrimination has been shown
only as against the writ petitioner, which has now been rejected by
the learned Single Judge.
4. The appellants will implead the Director of Urban Affairs,
Government of Kerala, Thiruvananthapuram, and the Deputy
Director of Urban Affairs for the areas/region concerned, as
additional respondents in this W.A., and will give two copies of
memorandum of this W.A., with all annexures thereto to the learned
Senior Government Pleader to get instructions.
5. The appellant Kondotty Municipality and the Deputy
Director of Urban Affairs for the areas/region concerned will furnish
instructions as to whether all the incumbents covered in Ext.P-2 are
still continuing in the contingent establishment of the Kondotty
Municipality as ascertained by the writ petitioner.
List on 14.12.2021.
Hand over. Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
MMG
30-11-2021 /True Copy/ Assistant Registrar
