Kerala High Court
Ajayan A.K vs State Of Kerala on 9 April, 2025
2025:KER:30725
WP(C) NO.13248 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 9th DAY OF APRIL 2025 / 19TH CHAITHRA, 1947
WP(C) NO. 13248 OF 2020
PETITIONER/S:
AJAYAN A.K.,
AGED 47 YEARS
S/O.KUTTAPPAN, ALUNGAL HOUSE, THRIKKALATHOOR,
MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 683 541.
BY ADV ALIAS M.CHERIAN
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
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DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
THE DIRECTOR OF MUNICIPALITIES,
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM,
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PIN - 695 001.
MUVATTUPUZHA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
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MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673.
SINDHU K.S.
AGED ABOUT 45, W/O.LATE MOHAN, KALLIKKATTIL HOUSE,
4 RACKAD MEKKADAMBU, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 682 316.
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DEEPA P.G.
AGED ABOUT 42 YEARS, W/O.RAJESH, PARAPPATTU HOUSE,
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MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM -686 669.
ANICE M.C.
AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
6 NAMBIATTEL HOUSE, KAVAKKADU P.O., ENANELLOOR,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673.
SINDHU V.C.
AGED ABOUT 43 YEARS, W/O. NOT KNOWN TO THE PETITIONER,
7 PADINJAKARA HOUSE, KUNNACKAL P.O., VALAKAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316.
ROJI THOMAS
AGED ABOUT 42 YEARS, S/O.THOMAS, AYYAM KOLIL HOUSE,
8 MULLAPUZHACHAL, VAZHAKKULAM, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686 670
BASHEER P.M.
AGED ABOUT 45 YEARS, S/O.MEERAN, PULINGANAL HOUSE,
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KIZHZKKEKARA, MUVATTUPUZHA, ERNAKULAM - 686 661.
BIJU K.T.
AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
10 KODAKKANATTIL HOUSE, ANCHELPETTY, PAMPAKUDA,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN- 686667.
ANITHA D.P.
AGED ABOUT 37 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
11 CHENNAMPILLIL HOUSE, PIRAVOM, ERNAKULAM DISTRICT,
PIN- 686 664.
SANTHOSH K.K.
AGED ABOUT 47 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
KIZHAKKEKUDIYIL HOUSE, MEKKADAMBU, MUVATTUPUZHA,
12 ERNAKULAM - 682 316.
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KANAKAM P.
AGED BOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
13 PALAMOOTTIL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA,
ERNAKULAM - 683 541.
ROY A.U.
AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
14 ARAYANIKKAL HOUSE, KARIMPANA P.O., PALAKKUZHA,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 662.
SINDHU N.A.
AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
15 NADUPARAMBIL HOUSE, KALLOR P.O., MUVATTUPUZHA,
ERNAKULAM - 686 668.
BINU N.T.
AGED ABOUT 44 YEARS, S/O.THAKAPPAN, NADEPPEL HOUSE,
16
KUNNAKKAL P.O., MUVATTUPUZHA, ERNAKULAM - 682 316.
SHINI C.K.
AGED ABOUT 43 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
17 CHERUVELIL HOUSE, PALAKUZHA, MUVATTUPUZHA,
ERNAKULAM - 686 662.
VANAJA P.V.
AGED ABOUT 42 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
18 ANAMBLAYITHARA HOUSE, KIZHAKKETHUNDIYIL, POONITHURA
P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 038.
FATHIMA K.C.
AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
19 PATHARIMATTOM HOUSE, PAIPRA, MULAVOOR, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686 673.
SINDHU P.R.
AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE POETITIONER,
PALAMOOTTIL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA,
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ERNAKULAM - 683 541.
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WP(C) NO.13248 OF 2020
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JASMI N.B.
AGED ABOUT 42 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
21 NELLIMATTATHIL HOUSE, RANDAR P.O., MUVATTUPUZHA,
ERNAKULAM -686 673.
AMBIKA V.M.
AGED ABOUT 46 YEARS, W/O.NOT KNOWN TO THE PETITIONER,
22 VAZHAKKALAYIL HOUSE, KUNNAKKAL P.O., VALAKAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316.
SHEEJA N.K.
AGED ABOUT 40 YEARS, W/O.REJI, KALLADAYIL HOUSE, SOUTH
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MARADI, MUVATTUPUZHA, ERNAKULAM - 686673.
BY ADVS.
SRI.L.RAM MOHAN
SRI.T.B.HOOD
SRI.KURIAN JOSEPH (ARAKKUNNAM)
SRI.K.S.PRAVEEN
SMT.P.G.MANJU
SRI.RENJITH B.MARAR
SRI.C.A.RAJEEV
SRI.P.G.MANU (MAMMALASSERY)
ALIAS M. CHERIAN
SMT.M.ISHA
SRI.JOBIN PAUL
SMT.LAKSHMI.N.KAIMAL
SRI.AMAL KASHA
SMT.S.LEKHA
C.S.AJITH PRAKASH
RAJAN T R
SRI.DHEERAJ A.S, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.13248 OF 2020
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MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No. 13248 OF 2020
.......................................................
Dated this the 09th day of April, 2025
JUDGMENT
The writ petition is filed challenging the appointments of
respondents 4 to 23 by the 3 rd respondent Municipality. The selection of
respondents was challenged on the ground that it was made without applying
the rules and rotation applicable to the appointment of Last Grade Employees,
as followed by the Kerala Public Service Commission.
2. When the writ petition was posted on 17.03.2025, on the basis of
the submission made by both sides, an order was passed directing the
Municipality to file a statement showing the vacancies, including the vacancies
likely to arise in the near future and also whether the petitioner could be
accommodated in one of the existing vacancies.
3. Pursuant to the above direction, an affidavit has been filed by the
Secretary of the Municipality, which reads as follows:-
"3. It is submitted that including the writ petitioner 17 temporary
workers are working in the Muvattupuzha Municipality at present.
There are 14 vacancies of permanent contingent workers in the
Municipality at present. 3 more vacancies of permanent contingent
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WP(C) NO.13248 OF 2020
workers are likely to arise on account of retirement during the
April-May, 2025 period. Consequently, all the 17 temporary
workers including the writ petitioner could be appointed to the
vacancies of permanent contingent workers by 31/5/2025. The
Municipal Council is the appointing authority."
The above statements are recorded. In view of the above, nothing
further remains to be considered in this writ petition and the same is closed
without prejudice to the right of the petitioner to approach this Court again in
case there is a fresh cause of action.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.13248 OF 2020
APPENDIX OF WP(C) 13248/2020
PETITIONER EXHIBITS
TRUE COPY OF RANK LIST DATED 25/06/2018
EXHIBIT P1 PREPARED BY 3RD RESPONDENT/MUNICIPALITY.
TRUE COPY OF COUNCIL NOTICE DATED 24/09/2018
EXHIBIT P2 ISSUED BY 3RD RESPONDENT/MUNICIPALITY.
TRUE COPY OF ORDER BEARING NO.GO(MS)
14/82/LBR DATED 22/04/1982 ISSUED BY
EXHIBIT P3 GOVERNMENT OF KERALA PRESCRIBING THE
GUIDELINES.
TRUE COPY OF EXTRACT OF THE MINUTES OF
EXHIBIT P4 MEETING HELD ON 09/06/2020 BY 3RD RESPONDENT.
TRUE COPY OF OBJECTION DATED 30.06.2020
SUBMITTED BY MR.C.M SHUKKOOR AND SIGNED BY 6
EXHIBIT P5 OTHER COUNCIL MEMBERS OF 3RD
RESPONDENT/MUNICIPALITY
TRUE COPY OF THE MINUTES BOOK OF EXTRA
ORDINARY COMMITTEE MEETING DATED 14/01/2022
Exhibit P6 OF THE HEALTH STANDING COMMITTEE OF
MUVATTUPUZHA MUNICIPALLITY
