B.Basheer vs State Of Kerala
2023 Latest Caselaw 8184 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                      WP(C) NO. 12346 OF 2021
PETITIONER:

             B.BASHEER
             AGED 48 YEARS, S/O.BAVA,
             CC 5/1168, PETTIKKARAN PARAMBU,
             MATTANCHERY, KOCHI-680 002.
             BY ADVS.
             V.JOHN MANI
             S.JAYANT
             JACKSON JOHNY
             SETHULAKSHMI K.K.
             VARGHESE SABU
             GAYATHRI MENON
             XAVIER THOMAS V.T.

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,
             THIRUVANANTHAPURAM-695 003.
      3      CORPORATION OF KOCHI
             REPRESENTED BY ITS SECRETARY,
             BOAT JETTY, ERNAKULAM-682 011.
      4      HEALTH OFFICER,
             CORPORATION OF COCHIN,
             BOAT JETTY, ERNAKULAM-682 011.
      5      ASSISTANT HEALTH OFFICER,
             CORPORATION OF COCHIN, REGIONAL OFFICE,
             MATTANCHERY, KOCHI-682 002.
             BY ADV
             SRI.C.N.PRABHAKARAN
             SMT.MINI V.A. - SC
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 12346 of 2021
                                      :2:



                     DEVAN RAMACHANDRAN, J.
                  =========================
                      W.P.(C).No. 12346 of 2021
                 ==========================
                 Dated this the 1st day of August, 2023

                                 JUDGMENT

The petitioner, who says that he was working as a Part-time

Contingent worker in the 3rd respondent - Corporation, has

approached this Court seeking that his name be ordered to be

included in Ext.P6 - Seniority List, adverting to Ext.P1

proceedings, within a time frame to be fixed by this Court, so that

he can continue his services in the post of CLR in the said

Corporation.

2. The learned Standing Counsel for the 3 rd respondent -

Corporation - Smt.V.A.Mini, responded to the afore submissions of

Smt.Sethulakshmi K.K. - appearing for the petitioner, saying that

petitioner has not been included in Ext.P6 Seniority List because

he fails in the criterion of having one year continuous service. She

submitted that, therefore, her client is now obligated to appoint

persons from the Employment Exchange as substitutes on daily

wage basis, as per the extant Regulations and Circulars covering

the field.

3. In reply, Smt.Sethulakshmi K.K. submitted that the afore

assertions of the Corporation are factually untenable, when one W.P.(C).No. 12346 of 2021

reads Ext.P13 report. She explained that even though it specifically

reports that petitioner had worked for certain periods, an

imputation was made that his name has not been shown in full and

that initials have been omitted, thus making it difficult to verify

whether it was the same person. She argued that this is wholly

mala fide because her client has already been paid bonus for

having worked for the requisite period, and hence that the stand

taken by the Corporation is illegal and unlawful.

4. I must say that there is some force in the afore submissions

of Smt.Sethulakshmi K.K., because, Ext.P13 report makes the

position clear that somebody by name Basheer had worked for the

requisite period of time. In fact, this is admitted by the learned

Standing Counsel for the Corporation also.

5. In the afore circumstances, I am certain that claim of the

petitioner must engage the attention of the competent Authority of

the Corporation immediately, including as to whether he is

deserving of being included in Ext.P6 - Seniority List. This should

be done without any avoidable delay.

Resultantly, I order this writ petition and direct the competent

among respondents 2 and 3 to immediately hear the petitioner and

advert to all documents, including Ext.P13, and take a final

decision on his inclusion in Ext.P6 Seniority List, adverting to W.P.(C).No. 12346 of 2021

Ext.P1 order, as expeditiously as is possible, but not later than one

month from the date of receipt of a copy of this judgment.

Needless to say, if, through the afore exercise, the petitioner

is found eligible to be included in Ext.P6 Seniority list, then he will

also be allowed to work in terms of law thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 12346 of 2021

APPENDIX OF WP(C) 12346/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GO(MS) 91/2001 LSGD DATED 29.03.2001 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT SECRETARY.

Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 11.08.2010 ISSUED BY THE 3RD RESPONDENT. Exhibit P6 A TRUE COPY OF THE SENIORITY LIST OF DLA WORKERS PREPARED BY THE 3RD RESPONDENT. Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 11.11.2010 SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 11.11.2010 ISSUED BY THE 3RD RESPONDENT. Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 07.11.2019 SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P10 A TRUE COPY OF THE RECEIPT DATED 12.11.2019 ISSUED BY THE 3RD RESPONDENT. Exhibit P11 A TRUE COPY OF THE NOTICE DATED 17.01.2020 ISSUED BY THE 4TH RESPONDENT. Exhibit P12 A TRUE COPY OF THE REPRESENTATION DATED 25.01.2020 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P12(a) A TRUE COPY OF THE REPRESENTATION DATED 25.01.2020 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P13 A TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT DATED 23.09.2020. Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED 02.12.2020 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P15 A TRUE COPY OF THE INTIMATION LETTER DATED 11.11.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P16 A TRUE COPY OF THE RTI DATED 05.02.2021 SUBMITTED BEFORE THE 5TH RESPONDENT. W.P.(C).No. 12346 of 2021

Exhibit P17 A TRUE COPY OF THE REMINDER DATED 15.03.2021 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P18 A TRUE COPY OF THE REPLY ISSUED TO EXT.P17.

Exhibit P19 A TRUE COPY OF THE ELECTION ID CARD OF THE PETITIONER.

Exhibit P20 A TRUE COPY OF THE ELECTION MUSTER ROLL SHOWING THE DETAILS OF A.K.BASHEER. Exhibit P21 A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO.17358 OF 2010 DATED 26.06.2014.

Exhibit P21(a) A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO.28678 OF 2017 DATED 30.10.2017.

Exhibit P22 A TRUE COPY OF THE SENIORITY LIST NO.M.O.H 3.12833/02 DATED 24.08.2002 PREPARED BY 3RD RESPONDENT CORPORATION.