Maithili vs Tanur Municipality
2022 Latest Caselaw 8875 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO.22050 OF 2022
PETITIONERS :-

     1     MAITHILI, AGED 43 YEARS
           D/O.DAMODARAN, CHERANDA HOUSE, PURATHUR P.O.,
           MALAPPURAM DISTRICT, PIN - 676 102

     2     BEENA C., AGED 44 YEARS
           D/O.C.KUTTAN, CHANAYIL HOUSE, TRIPRANGODE P.O.,
           ALATHIYOOR, MALAPPURAM DISTRICT, PIN - 676 108

     3     SREEMU T.P., AGED 45 YEARS
           D/O.KORAN, THALUKATTUPARAMBIL,
           NIRAMARUTHUR P.O., TIRUR,
           MALAPPURAM DISTRICT, PIN - 676 109

             BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS :-

     1       TANUR MUNICIPALITY
             TANUR P.O., MALAPPURAM DISTRICT, PIN - 676 302
             REPRESENTED BY ITS SECRETARY.

     2       THE SECRETARY
             TANUR MUNICIPALITY, TANUR P.O.,
             MALAPPURAM DISTRICT, PIN - 676 302

     3       TANUR MUNICIPAL COUNCIL
             TANUR MUNICIPALITY, TANUR P.O.,
             MALAPPURAM DISTRICT, PIN - 676 302
             REPRESENTED BY ITS CHAIRMAN

             BY ADV HARISH R. MENON, SC, TANUR MUNICIPALITY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.22050 OF 2022

                                   -: 2 :-


                               JUDGMENT

Dated this the 7th day of July, 2022

This writ petition is filed seeking the following reliefs :-

"a) Call for the records leading to Exts.P5 to P7 and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.

b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioners to continue in their service as contingent sanitary workers in the Municipality and to take steps to regularize their service."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the respondent

Municipality.

3. It is submitted that the petitioners have been engaged

as contingent sanitary workers by the respondent Municipality and

are working since 2018. It is submitted that the Municipality is

conducting selection for the post of permanent sanitation workers

through the Employment Exchange. Though the petitioners had

also been duly engaged through the Employment Exchange as

sanitation workers and are continuing even after the term of their

employment, they are not being considered for regular

appointment on the ground that their names do not figure in the

list furnished by the Employment Exchange. WP(C) NO.22050 OF 2022

4. The learned counsel appearing for the respondents

submits that the method of appointment to the post of permanent

sanitation worker is by appointment through Employment

Exchange and that steps have been taken to fill up the posts

through Employment Exchange. It is submitted that a list of 104

persons has been made available by the Employment Exchange for

selection and that the petitioners' names did not figure in the said

list.

5. Having considered the contentions advanced and in view

of the fact that the petitioners are admittedly working as

contingent sanitary workers in the Municipality, I am of the opinion

that they should also be considered for appointment to the post of

permanent sanitary workers in the Municipality.

In the above view of the matter, there will be a direction

to the respondents to permit the petitioners also to participate in

the selection process and in case they are found suitable, their

claim for appointment shall also be duly considered.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/7.7.2022 WP(C) NO.22050 OF 2022

APPENDIX OF WP(C) 22050/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28.11.2018

Exhibit P2 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 01.12.2018

Exhibit P3 THE TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 04.06.2019

Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED TO ONE VINOD KUMAR P., S/O. SUBRAMANIYAN DATED 17.06.2022

Exhibit P5 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 17.06.2022.

Exhibit P6 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 17.06.2022

Exhibit P7 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER DATED 17.06.2022