Santhosh Kumar K.S vs The Thiruvalla Municipality
2024 Latest Caselaw 13731 Ker

Kerala High Court

Santhosh Kumar K.S vs The Thiruvalla Municipality on 28 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 24671 OF 2021


PETITIONERS:

    1       SANTHOSH KUMAR K.S.,
            AGED 42 YEARS
            S/O. K.K. SUKUMARAN,
            KOTTALIL THOPPIL,
            CHUMATHRA P.O.,
            THIRUVALLA-689103.
    2       BEJOY P.C.,
            AGED 41 YEARS
            S/O. CHELLAPPAN,
            PUTHENCHIRAIL HOUSE,
            PALIAKARA,
            THIRUVALLA-689101.
            BY ADVS.
            SANTHOSH MATHEW
            ARUN THOMAS


RESPONDENTS:

    1       THE THIRUVALLA MUNICIPALITY,
            MUNICIPAL OFFICE,
            THIRUVALLA-689101,
            REPRESENTED BY ITS SECRETARY.
    2       THE SECRETARY,
            THIRUVALLA MUNICIPALITY,
            MUNICIPAL OFFICE,
            THIRUVALLA-689101.
    3       THE CHAIRPERSON,
            THIRUVALLA MUNICIPALITY,
            MUNICIPAL OFFICE,
            THIRUVALLA-689101.
    4       THE VICE CHAIRPERSON,
            THIRUVALLA MUNICIPALITY,
            MUNICIPAL OFFICE,
            THIRUVALLA-689101.
    5       ANU GEORGE,
            HEALTH STANDING COUNSEL CHARIPERSON,
            THIRUVALLA MUNICIPALITY,
 WP(C) NO. 24671 OF 2021

                                 2

               MUNICIPAL OFFICE,
               THIRUVALLA-689101.
        6      THE MUNICIPAL COUNCIL,
               THIRUVALLA MUNICIPALITY,
               MUNICIPAL OFFICE,
               THIRUVALLA-689101,
               REPRESENTED BY ITS SECRETARY.
        7      ADDL. R7.JITH M. UZHATHIL,
               THEKKETHIL HOUSE,
               PARUMALA P.O., THIRUVALLA,
               PATHANAMTHITTA DISTRICT-689 626.
        8      ADDL. R8.ABHILASH,
               MALIPURATH HOUSE, ERUVELLIPRA P.O., THIRUVALLA,
               PATHANAMTHITTA DISTRICT-689 626.
        9      ADDL. R9. SHAJI P.,
               PUTHUPARAMBIL HOUSE, AMALLOOR, MANJADI
               P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT-689
               626.
        10     ADDL. R10.SUNIL GOPALAN,
               CHEMPOLATHEKKETHIL HOUSE, KAVUMBHAGOM
               P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT-689
               626.
        11     ADDL. R11.RAJESH KUMAR K.,
               ATHIMUTTATHU KANDATHIL HOUSE,
               MATHILBHAGOM,THIRUVALLA, PATHANAMTHITTA
               DISTRICT-689 626.
        12     ADDL. R12.SANTHOSHKUMAR K.C.,
               KAYALAKATHU HOUSE, THENGELI P.O.,THIRUVALLA,
               PATHANAMTHITTA DISTRICT-689 626.
        13     ADDL. 13.SURESHKUMAR C.G.,
               CKOORAKKATTU HOUSE, KADAPRA, MANNAR
               P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT-689
               626.
        14     ADDL. 14.MONCY YOHANNAN.,
               CHALAKKARA PUTHENVEEDU, VENPALA
               P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT-689
               626.
        15     ADDL. 15.RAJESH K.,
               THUNDIYIL HOUSE, VENPALA P.O.,THIRUVALLA,
               PATHANAMTHITTA DISTRICT-689 626.
        16     ADDL. 16. PRAVEEN KUMAR P.,
               KAKKANATTUTHEKKETHIL HOUSE, VENPALA
               P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT-689
               102.
 WP(C) NO. 24671 OF 2021

                                3

        17    ADDL.17. INDULEKHA D.K.,
              PERUMBALIKKATTUMALAYIL HOUSE, MAC FAST COLLEGE,
              THIRUVALLA, PATHANAMTHITTA DISTRICT-689 102.
        18    ADDL.18. SINIMOL V.R.,
              VALUZHATHIL HOUSE, WEST OTHERA P.O.,
              THIRUVALLA, PATHANAMTHITTA DISTRICT-689 102.
        19    ADDL. 19.ANITHA KUMAR T.S.,
              THYNIKKUNATHIL HOUSE, POOVATHUR P.O., KUNNAM-
              689 531. (AS PER ORDER DATED 13-12-2021 IN IA
              2/2021).
              BY ADVS.
              S.SUBHASH CHAND - SC
              S.DHEERENDRAKUMAR
              TITUS MANI
              BINNY THOMAS
              P.A.JACOB
              SWAROOP A.P.
              ANIL S.RAJ


          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
   ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
   FOLLOWING:
 WP(C) NO. 24671 OF 2021

                                      4


                                  JUDGMENT

1.Petitioners,two in number, filed this writ petition on 09/11/2021

contending that pursuant to the Notification issued by the

Employment Exchange for appointment of contingent workers in the

1st respondent - Municipality, the petitioners made applications and

they were issued Exts. P1 & P2 Notices requesting them to appear

for interview on 05/07/2021 and that the respondents are going to

appoint contingent workers without proper selection and even

publication or rank list.

2. The prayer of the petitioners in this writ petition is to call for the

records leading to the selection to the post of substitute contingent

workers and to quash the same and further direction to the 1st

respondent- Municipality to constitute a proper selection committee

with to the prior approval of 6th respondent-Municipal Council and

initiate fresh selection.

3. Subsequent to the filing of the writ petition, the persons who got

appointment through the Employment Exchange in the 1st

respondent-Municipality in the said selection were impleaded as

additional respondent Nos. 7 to 19.

WP(C) NO. 24671 OF 2021

4. The 5th Respondent who was the Health Standing Committee

Chairperson during that time was impleaded in personal capacity on

the allegation that she was also a member of the selection

committee.

5.The 5th respondent filed Counter Affidavit dated 04/12/2021

supporting the contentions of the petitioners by stating that there was

no proper constitution of the Committee and no proper selection.

6. The respondent Nos.7 to 19 filed counter affidavit dated

08/01/2022 opposing the prayers in the writ petition.

7.The Respondents 1 to 4 & 6 filed counter affidavit dated 04/12/2021

opposing the prayers in the writ petition contending that the selection

of the additional respondents 7 to 19 were done in a fair and proper

manner and the same were approved by the Municipal Council on

09/11/2021 as per Ext.R2(a) and consequent to the same rank list

was published on 11/11/2021; and that the respondent Nos. 7 to 9

were appointed on the basis of Advice Memos issued by the

respondent No.1 in accordance with their ranks in the Rank List. The

Rank List was produced later by the 1st respondent along with

I.A.No.1/2023 to accept the same as Ext.R2(f). I find from Ext.R2(f)

that the petitioners' names are also included in the said Rank List as WP(C) NO. 24671 OF 2021

serial No.13 and 22 under the General category.

8.The learned counsel for the petitioner mainly relied on the

statements in the counter affidavit of the 5th respondent to

substantiate his contentions with respect to imroper selection

process. The 5th respondent has filed IA No.1/2022 to withdraw the

counter affidavit filed by her. The reasons stated by her in the affidavit

in support of said I.A is that certain errors and mistakes happened in

the counter affidavit due to misunderstanding. She has not disclosed

what are errors and mistakes in the counter affidavit. At any rate a

party cannot be allowed to withdraw the pleadings in a case without

any valid reason and the 5th respondent has not disclosed any valid

reason to withdraw the pleading apart from making vague averments

in IA No.1/2022. Any way, the reason for impleading the 5th

respondent in the writ petition in personal capacity is also seems to

be suspicious. Hence I am not placing reliance on the statements in

the counter affidavit filed by the 5th respondent. There is nothing on

record to show that the selection was improper apart from the

averments in the writ petition and the counter affidavit of the 5th

respondent. The Municipality as already published the rank list with

the approval of the 6th respondent as early as on 11/11/2022 and has WP(C) NO. 24671 OF 2021

made appointments of the additional respondents 7 to 19 from the

Rank List. The petitioner has not opted to the challenge the said

Rank List till this date. None of the contentions raised by the

petitioners is sustainable. The Writ Petition fails and it is dismissed

accordingly.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 24671 OF 2021

APPENDIX OF WP(C) 24671/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INVITATION LETTER ISSUED BY SECOND RESPONDENT MUNICIPAL SECRETARY TO THE 1ST PETITIONER DATED 12/04/2021.

Exhibit P2 TRUE COPY OF THE INVITATION LETTER ISSUED BY SECOND RESPONDENT MUNICIPAL SECRETARY TO THE 2ND PETITIONER DATED 12/04/2021.

RESPONDENT EXHIBITS Exhibit R2(a) TRUE COPY OF THE RESOLUTION BEARING NO. 2 DATED 09/11/2021 Exhibit R2(b) TRUE COPY OF THE NOTE FILE ORDER DATED 26/03/2021 OF RESPONDENT No.3, THE CHAIRPERSON OF THE MUNICIPALITY IN THE CONCERNED FILE RELATION TO SELECTION OF TEMPORARY SUBSTITUTED CONTINGENT EMPLOYERS (RELEVANT PAGES) Exhibit R2(c) TRUE COPY OF THE NOTE FILE ORDER DATED 16/06/2021 OF RESPONDENT No.3, THE CHAIRPERSON OF THE MUNICIPALITY IN THE CONCERNED FILE RELATION TO SELECTION OF TEMPORARY SUBSTITUTED CONTINGENT EMPLOYERS (RELEVANT PAGES) Exhibit R2(d) TRUE COPY OF THE LIST CONTAINING THE MARKS AWARDED BY RESPONDENT NO.5 DURING THE INTERVIEW RELATING TO THE SELECTION OF TEMPORARY SUBSTITUTE CONTINGENT WORKERS OF THE MUNICIPALITY.

Exhibit R2(e) TRUE COPY OF THE RESOLUTION BEARING NO. 24 DATED 16/6/2020 Exhibit R2(f) TRUE COPY OF THE RANK LIST PUBLISHED ON 11/11/2021