Kerala High Court
Bindu P.R vs State Of Kerala on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 6405 OF 2022
PETITIONERS:
1 BINDU P.R.
AGED 47 YEARS
W/O. LATE RAJESH.P.V., PONGAMPADONA,
YOGA PARAMBU, KUMBALAM P.O.,
ERNAKULAM DISTRICT, KOCHI-682 506,
(WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANCHERRY)
2 LALY.K.L.,
AGED 44 YEARS
W/O. ANIL KUMAR, PUTHUVALSATHIL HOUSE,
MURIKKUMPADAM, VYPIN,
KOCHI-682 508 ERNAKULAM,
(WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS
MAGISTRATE COURT,MARADU)
3 VINEETHA GAFOOR @ VIEETHA T.S.,
AGED 47 YEARS
W/O. GAFOOR, OZHIYIL HOUSE, PUTHUKALAVATTOM,
ELAMAKKARA, KOCHI-682 026, ERNAKULAM DISTRICT,
(WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS
MAGISTRATE COURT,KUNNUMPURAM)
BY ADV T.B.MINI
RESPONDENTS:
1 STATE OF KERALA
SECRETARY TO LAW DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE APPOINTING AUTHORITY OF PART TIME SWEEPERS
OF JUDICIAL FIRST CLASS MAGISTRATE COURTS IN ERNAKULAM
DISTRICT (CHIEF JUDICIAL MAGISTRATE,
CJM COURT, ERNAKULAM, KOCHI-682 032
3 ADDL R3.* JOSHI M.B
MAVUNKAL HOUSE, KUMBALANGI P.O., ERNAKULAM-682007
4 *ADDL R4 .GEETHA K
LAKSHMI NIVAS, PAMPADY PARAMBA, EROOR P.O., THRIPPUNITHURA.
PIN:682306
WP(C) NO. 6405 OF 2022
2
5 *ADDL R5 SHAHINA K.B
KATTIKUNNATH HOUSE, PERUMPADANNA, NORTH PARAVUR.
PIN:683513
*(ADDL. R3 TO ADDL R5 ARE IMPLEADED AS PER ORDER DATED
27.05.2022 IN I.A. 2/2022 IN WPC 6405/2022).
BY ADVS.
GP VENUGOPAL. V
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6405 OF 2022
3
JUDGMENT
Dated this the 27th day of May, 2022
The petitioners are working as Part-time
Sweepers in the temporary Judicial First Class
Magistrate's Courts at Mattanchery, Maradu and
Kunnumpuram. They were appointed as Part-time
Sweepers (on contract basis) as per Exts.P2, P3 and P4
orders and have been continuing without break. The
temporary Magistrate's Courts are now made
permanent and the 2nd respondent has conducted
interview for appointing Part-time Sweepers from
persons advised by the Employment Exchange. Hence,
this writ petition.
2. On 31.03.2022, this Court passed an interim
order permitting the petitioners to continue in service,
if their service has not been terminated by a written
order. The petitioners are continuing in service on the
strength of that order.
3. Learned Counsel for the petitioners submitted
that the petitioners are entitled for regularisation in
WP(C) NO. 6405 OF 2022
terms of Ext.P5 Government Order and under no
circumstances can their service be terminated all of a
sudden. It is pointed out that the petitioners have
crossed the age for public employment and hence,
sympathetic consideration ought to be extended in
their case.
4. In the counter affidavit filed by the 2 nd
respondent, it is stated that the 16 temporary Judicial
First Class Magistrate Courts in Ernakulam were made
permanent as per G.O.(MS) No.108/2021. The High
Court granted sanction to create 2 posts of Clerk, 1 post
of Typist, 2 posts of Office Attendants and 1 post of
Part-time Sweepers in the 16 courts. The posts of
Clerk, Typist and Office Attendant are to be filled up by
recruitment through the Kerala Public Service
Commission and appointment to the 16 posts of
Part-time Sweepers has to be affected by way of
selection from persons advised by the Employment
Officer. Accordingly, a list of eligible candidates was
received from the District Employment Officer and
suitable candidates selected. It is pointed out that in
WP(C) NO. 6405 OF 2022
Ext.P5 Government Order dealing with regularisation of
Part-time Sweepers, it is specified that Part-time
contingent Sweepers should be appointed only from the
Employment Exchange. It is contended that having
been appointed from the open market without adhering
to Ext.P5, the petitioners have no right to seek
continuance or regularisation.
5. The additional respondents contended that they
were advised by the District Employment Officer and
selected as Part-time Sweepers in the Judicial First Class
Magistrate Courts after conducting interview. The
additional respondents reported for joining duty, but are
not permitted to join in view of the interim order of this
Court.
6. Having heard the learned Counsel for the
parties and the learned Government Pleader, I find
merit in the contention that the petitioners have no
legal right to seek continuance or regularisation. The
High Court having directed to fill up the post of
Part-time Sweepers in the 16 Judicial First Class
Magistrate Courts by appointing persons advised from
WP(C) NO. 6405 OF 2022
the Employment Exchange and the 2nd respondent
having acted accordingly, there is no justifiable reason
to interfere with the process of selection or to interdict
the selected persons from joining duty.
7. The contractual appointment of the petitioners
to the temporary Magistrate's Courts, without
undergoing any process of selection, will not confer
them with the right to seek continuance.
8. Learned Counsel for the petitioners submitted
that the petitioners are yet to be paid salary/wages for
the period they worked based on the interim order of
this Court. The petitioners having actually worked
during the period, there is no justification in not paying
the salary for that period. Other claims, if any,
emanating from the service so far rendered by the
petitioners can be agitated before the appropriate
forum.
In the result, the writ petition is dismissed. The 2 nd
respondent is directed to take necessary steps to
disburse the salary/wages due to the petitioners, for the
period which they had actually worked, within one
WP(C) NO. 6405 OF 2022
month. The petitioners' liberty to claim other benefits,
if any due, for the service rendered by them, is
reserved.
Sd/-
V.G.ARUN
JUDGE
NB/27-5
WP(C) NO. 6405 OF 2022
APPENDIX OF WP(C) 6405/2022
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION APPEARED IN
MATHRUBHUMI DAILY DATED 8.9.21014
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
THE FIRST APPLICANT DATED 8.12.2014 BY THE
CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
THE 2ND APPLICANT DATED 23.6.2015 BY THE CHIEF
JUDICIAL MAGISTRATE , ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE OFFICIAL MEMORANDUM ISSUED TO
THE 3RD APPLICANT DATED 17.4.2015 BY THE CHIEF
JUDICIAL MAGISTRATE , ERNAKULAM
EXHIBIT P5 TRUE COPY OF THE GO (P ) NO.61/2010/FIN DATED
9.2.2010
EXHIBIT P6 TRUE COPY OF THE ENTRY REGARDING THE NOTING OF
DEFECT BY THE REGISTRY OF KERALA ADMINISTRATIVE
TRIBUNAL ON 23.2.2022
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 10.3.2022
PUBLISHED BY THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS
EXHIBIT R2(B) EXHIBIT R2(B):TRUE COPY OF THE PROCEEDINGS OF
THIS AUTHORITY VIDE ORDER NO.E-7591/2021 DATED
10.03.2022
EXHIBIT R2(A) EXHIBIT R2(A):TRUE COPY OF THE G.O.
(P)NO.501/2005/FIN.DATED 25.11.2005
EXHIBIT R3 A TRUE COPY OF THE ORDER NO E-7591/2021 DATED
10.3.2022 OF THE CHIEF JUDICIAL MAGISTRATE
ERNAKULAM
TRUE COPY
P.A. TO JUDGE
