Unnikrishnan K. R vs The State Of Kerala
2022 Latest Caselaw 10085 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                        WP(C) NO. 1024 OF 2022
PETITIONERS:

     1     UNNIKRISHNAN K. R.,
           AGED 44 YEARS
           S/O. RAMANKUTTY K.R, RESIDING AT KARUNAKARAPARAMBIL
           HOUSE, CHATHALLOOR (EAST), EDAVANNA (VIA), MALAPPURAM
           DISTRICT-676 541

     2     SURESH K,
           AGED 43 YEARS
           S/O. CHOYI, RESIDING AT KARIYAT HOUSE, VAZHAKKAD (VIA),
           CHERUVAYOOR P.O, MALAPPURAM DISTRICT-673 640.

     3     UNNIKRISHNAN A.P,
           AGED 44 YEARS
           S/O. CHIRUTHAKUTTY, RESIDING AVUNHIKKATTUPARAMBIL HOUSE,
           CHERUVAYOOR P.O, VAZHAKKAD, MALAPPURAM DISTRICT 673 640.

     4     VALSARAJAN A.P,
           AGED 42 YEARS
           RESIDING AT AVUNHIKKADPARAMBIL, CHERUVAYUR, VAZHAKKAD,
           MALAPPURAM DISTRICT-673 640

     5     PRAMODKUMAR P,
           AGED 46 YEARS
           S/O.KUNHAN P, RESIDING AT PERUNGOTTUMMAL HOUSE,
           PULIYAKKODE P.O, KADUNGALLUR, KUZHIMANNA (VIA),
           MALAPPURAM DISTRICT-673 641

     6     SURESH BABU P,
           AGED 46 YEARS
           S/O. NEELANDAN, PAINKULAVAN, KOTHODIYIL HOUSE,
           AKKAPARAMBA P.O, KUZHIMANNA-673 641

     7     ASSAIN C,
           S/O. ABDULLA, RESIDING AT CHOLAKKAL (H), MANJERI COLLEGE
           P.O, MANJERI, MALAPPURAM-671 122.

     8     ABHILASH KALARIKKAL,
 WP(C) NO. 1024 OF 2022              2



             AGED 39 YEARS
             S/O. BHASKARAN PANIKKAR, KUNNATHERI HOUSE, MORAYUR P.O,
             MALAPPURAM-673 649

             BY ADVS.
             ANOOP.V.NAIR
             RAMESH CHAND
             DEVI P.
             A.K.ANANDA KRISHNAN



RESPONDENTS:

      1      THE STATE OF KERALA,
             REP. BY THE SECRETARY TO GOVERNMENT, LABOUR AND
             REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001

      2      DIRECTOR OF URBAN AFFAIRS,
             DIRECTORATE OF URBAN AFFAIRS, 1ST FLOOR, SWARAJ BHAVAN,
             NANTHANCODE P.O, THIRUVANANTHAPURAM-695 003.

      3      THE MANJERI MUNICIPALITY,
             KARUVAMBRAM, MANJERI P.O, MALAPPURAM DISTRICT-676 121,
             REPRESENTED BY ITS SECRETARY.

      4      THE SECRETARY,
             MANERI MUNICIPALITY, KARUVAMBRAM, MANJERI P.O, MALAPPURAM
             DISTRICT-676 121.

      5      THE DISTRICT EMPLOYMENT OFFICER,
             DISTRICT EMPLOYMENT EXCHANGE, CIVIL STATION P.O,
             MALAPPURAM DISTRICT-676 505.

      6      MOIDEEN KOTHALATHIL,
             RESIDING AT KOTHALATHIL HOUSE, THURAKKAL, MANJERI P.O,
             MALAPPURAM DISTRICT-673 638

      7      ABDUSALAM NECHIYIL,
             RESIDING AT NECHIYIL HOUSE, MANGALASSERI, KARUVAMBRAM,
 WP(C) NO. 1024 OF 2022                  3



             MALAPPURAM DISTRICT-676 123.

      8      SAJJAR SAHEER,
             RESIDING AT FAIZAL NIVAS, COURT ROAD, MANJERI, MALAPPURAM
             DISTRICT 676 121.

      9      SREEKUMAR K.P,
             RESIDING AT PUTHAN PURAKKAL, AMBALAPPADI, KARUVAMBRAM
             P.O, MALAPPURAM DISTRICT-676 121.

     10      SHAJAHAN K,
             RESIDING AT KUNNATH HOUSE, NARUKARA P.O, MALAPPURAM
             DISTRICT-676 122.

     11      ABDUL GAFOOR K,
             RESIDING AT KINATTINGAL HOUSE, HALF KIDANGAZHI,
             KARUVAMBRAM, MALAPPURAM DISTRICT-676 121.

     12      RAFEEQUE V,
             RESIDING AT VELLAMKUNNAN, ADHIKARI KUNNATH HOUSE,
             PULPATTA P.O, KARAPARAMBU, MALAPPURAM DISTRICT-676 126.

     13      HASSAN V.K,
             RESIDING AT VADAKEVETTIL HOUSE, POOKOTTOOR , MALAPPURAM
             DISTRICT-676 517

             BY ADVS.
             SHRI.R.RANJITH (MANJERI), SC, MANJERI MUNICIPALITY
             P.C.SASIDHARAN

             SUNIL KURIAKOSE-GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1024 OF 2022                     4




                                     JUDGMENT

Dated this the 15th day of September, 2022

This writ petition is filed seeking the following reliefs: -

i)To Issue a writ of certiorari calling for the records leading to the appointment of respondent Nos. 6 to 13 as Substitute Sanitation Workers in the 3rd respondent Municipality and to set aside the same and declare that respondents 6 to 13 are not eligible to be appointed in the post.

ii) to declare that the appointment of respondent Nos. 6 to 13 as Substitute Sanitation Workers in the 3rd respondent Municipality is illegal, arbitrary and liable to be interfered with.

iii) to issue a Writ of Mandamus or order or direction to the 3 rd and 4th respondents to conduct a fresh and proper interview to fill the 8 posts of Substitute Sanitation Workers in the 3 rd respondent Municipality to which respondent Nos. 6 to 13 have now been appointed to, by cancelling the appointments given to respondents 6 to 13 in the post and to declare that the selection given to respondents 6 to 13 is illegal;

iv) to issue a writ of mandamus, order or direction directing respondents 3 and 4 to appoint the petitioners in the post of Substitute Sanitation Workers under the 3rd respondent, based on Exhibits P4 and P5, after recalling the appointment orders issued to respondents 6 to 13, in the matter.

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

Government Pleader, the learned Counsel appearing for the

respondents 3 and 4 as well as the learned Counsel appearing for the

respondents 6 to 13.

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

that the appointment of respondents 6 to 13 without recourse to the

employment exchange is against the orders issued by the

Government and that the respondents 3 and 4 are duty bound to

make appointments through the employment exchange.

4. A counter affidavit has been placed on record by the

respondents 3 and 4 contending that the appointment of substitute

sanitation workers was based solely on the marks secured by them in

the interview conducted by the Municipality and that the participants

of the interview were employment exchange hands as also the

persons who were directed to be interviewed on the basis of the

interim orders and judgments of this Court. It is submitted that

there are 8 vacancies of contingent workers in the Municipality which

have arisen on 30/8/2021, 30/5/2022, 30/6/2022 and 8/9/2021. It is

submitted that those vacancies will be filled up by making

appointments through the employment exchange.

5. The learned counsel for the petitioners submits that the

petitioners are satisfied with a direction to the respondents 3 and 4

to fill up the 8 available vacancies of contingent workers through the

employment exchange.

6. The learned counsel appearing for the contesting party

respondents would contend that the said respondents have been

regularised in service pursuant to the appointments granted to them.

Having considered the contentions advanced, there will be a

direction to respondents 3 and 4 to fill up the existing vacancies of

contingent workers in the Municipality through employment exchange

as admitted by them. Appropriate steps shall be taken within a period

of two months from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 1024/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CIRCULAR BEARING NO.

25941/G2/2013/LBR, DATED 05.02.2014 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF NOTICE BEARING NO. H1 175558/15 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 07.09.2021.

Exhibit P2(a) TRUE COPY OF THE NOTICE BEARING NO H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 07.09.2021.

Exhibit P2(b) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER DATED 07.09.2021.

Exhibit P2(c) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER DATED 07.09.2021.

Exhibit P2(d) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER DATED 07.09.2021.

Exhibit P2(e) TRUE COPY OF THE NOTICE BEARING NO. H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER DATED 07.09.2021.

Exhibit P2(f) TRUE COPY OF THE NOTICE BEARING NO. H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 7TH PETITIONER DATED 07.09.2021.

Exhibit P2(f) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 7TH PETITIONER DATED 07.09.2021.

Exhibit P2(g) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 8TH PETITIONER

DATED 07.09.2021.

Exhibit P3 TRUE COPY OF THE RTI QUESTIONNAIRE DATED 12.11.2021 PREFERRED BY THE 2ND PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT MUNICIPALITY.

Exhibit P3(a) TRUE COPY OF THE RTI ANSWER DATED 12.11.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT MUNICIPALITY.

Exhibit P3(b) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C NO. 19851 OF 2021, DATED 23.09.2021.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE MARK LIST FOR THE POST OF SUBSTITUTE SANITATION WORKERS ISSUED BY THE HEALTH SUPERVISOR OF THE 3RD RESPONDENT MUNICIPALITY.

Exhibit P5 TRUE COPY OF THE DIRECTION BEARING NO.

1046913/G2/2016/LABOUR, DATED 26.12.2016 ISSUED TO THE EMPLOYMENT DIRECTOR BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE DIRECTION DATED 09.11.2021 ISSUED BY THE 5TH RESPONDENT TO THE SECRETARIES OF ALL MUNICIPALITIES IN MALAPPURAM DISTRICT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED NIL, PREFERRED BY THE PETITIONERS TO THE HON'BLE CHIEF MINISTER, GOVERNMENT OF KERALA.

Exhibit P7(a) TRUE COPY OF THE REPRESENTATION DATED 22.11.2021 SUBMITTED BY THE 7TH PETITIONER TO THE HON'BLE CHIEF MINISTER, GOVERNMENT OF KERALA.

Exhibit p7(b) TRUE COPY OF THE MESSAGE, DATED 08.12.2021, RECEIVED BY THE 7TH PETITIONER FROM THE CHIEF MINISTER'S OFFICE, INFORMING THAT EXHIBIT P7(A) HAS BEEN FORWARDED TO THE 2ND RESPONDENT.