Kerala High Court
Jareena Beegum,W/O Hakkim vs State Of Kerala on 24 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P(KAT)No.4 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
OP(KAT) NO. 4 OF 2025
AGAINST THE ORDER DATED 01.01.2025 IN OA (EKM) NO.1725
OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT:
JAREENA BEEGUM,W/O HAKKIM,
AGED 34 YEARS
PART TIME CASUAL SWEEPER VILLAGE OFFICE,
KOZHINJAMPARA,PALAKKAD - 678 555,RESIDING AT
GANDHI NAGAR, NATTUKAL P.O,PALAKKAD,
PIN - 678554
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
CHINNU MARIA ANTONY
APARNA NARAYAN MENON
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
O.P(KAT)No.4 of 2025
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2 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT DISTRICT COLLECTOR, CIVIL
STATION,PALAKKAD, PIN - 678001
3 THE TAHSILDAR ,
CHITTUR TALUK OFFICE, CHITTOR THATHAMANGALAM
MUNCIPALITY,CHITTUR BLOCK PANCHAYATH,
CHITTUR,PALAKKAD, KERALA, PIN - 678101
4 THE VILLAGE OFFICER ,
KOZHINJAMPARA VILLAGE OFFICE,KOZHINJAMPARA JN
KOZHINJAMPARA,PALAKKAD, KERALA, PIN - 678555
BY SENIOR GOVT.PLEADER SRI.SUNIL KUMAR KURIAKOSE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR HEARING ON 21.02.2025, THE COURT ON 24.02.2025 DELIVERED
THE FOLLOWING:
O.P(KAT)No.4 of 2025
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JUDGMENT
P.Krishna Kumar, J.
The petitioner claims that she has been
working in the post of Part-Time Casual Sweeper in
Village Office Kozhinjampara, Palakkad. When she was
orally informed that she would be terminated from
the service for appointing fresh temporary hands,
she approached the Kerala Administrative Tribunal
for permitting her to continue. As the Tribunal did
not pass any interim relief, the petitioner rushed
to this court.
2. Smt.Thulasi K.Raj, the learned counsel
appearing for the petitioner, placing reliance on
Manish Gupta & Anr. v. President, Jan Bhagidari
Samiti & Ors. [(2022 SCC OnLine SC 485],
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Hargurpratap Singh v. State of Punjab and Others
[(2007) 13 SCC 292], State of Haryana and Ors. v.
Piara Singh and Ors [(1992) 4 SCC 118], Malwinder
Singh Mali v. Punjabi University, Patiala [(2000 (1)
SLR 800 (P & H) DB), Rajwinder Kaur and Ors. v.
State of Punjab (CWP No.7882 of 2004), Gohil Rajesh
Mansukhbai v. State of Gujarat [(2014 SCC OnLine Guj
470], Pradeep Navinbhai Patel v. State of Gujarat
(Special Civil Application No.13200 of 2013), Ambra
Bhambio v. State of Rajasthan and Ors. (2014 (10)
RCR (Civil) 3018), Narinder Singh Ahuja and Ors. v.
The Secretary, Ministry of Health and Family Welfare
and Ors (2014 SCC OnLine Del 2243), Abhinav
Chaudhary and Ors. v. Delhi Technological University
and Anr. (2015 SCC OnLine Del 6780), Barinder Kaur
v. Gurunanak Dev University and Ors. (2015 SCC
OnLine P & H 12156), Harjit Kaur v. State of Punjab
and Ors. (CWP No.14309 of 2013), contended that a
Part-Time employee could not be replaced by another
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Part-Time employee and hence the petitioner is
entitled to continue in the said post. The learned
counsel further persuasively urged that if daily
wage workers are replaced every year, it would
result in grave injustice and unemployment.
3. Sri.Sunil Kumar Kuriakose, the learned
Government Pleader, on the other hand, submitted
that the petitioner was not recruited by the
department after conducting any selection process.
On the contrary, she was engaged through Annexure A2
order of the Tahsildar wherein it is expressly
stated that, based on the Government Order bearing
No.61/2020 dated 9.2.2010, a Kudumbasree unit was
addressed to select a suitable person for engaging
in the vacancy of a casual sweeper. Accordingly, the
petitioner was engaged by the department for a
period of 179 days on daily wages, it is pointed
out. The learned Government Pleader further
submitted that several other persons attached to the
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Kudumbasree unit, who are similarly situated like
the petitioner, are in the queue and when their turn
comes the petitioner should not be permitted to
stall the process of their engagement. He also
pointed out that the abovesaid Government Order
makes it clear that, due to exigencies, if temporary
engagement of a sweeper is required without going
through the local Employment Exchange, such
appointment shall be made only through the nearest
Kudumbasree unit and the competent authority has to
execute an agreement with the Kudumbasree as to the
mode of payment etc. and that no sweeper shall be
engaged directly.
4. The matter is still pending before the
Kerala Administrative Tribunal. Even if the
petitioner is disengaged by the department, she
could contest her matter before the Tribunal for
appropriate remedy. After considering all the above
aspects, we find no scope for interference in the
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matter at the present stage.
In the result, the original petition is
dismissed.
Sd/-
A.MUHAMMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
sv
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APPENDIX OF OP(KAT) 4/2025
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE ATTENDANCE REGISTER
FROM 2020 TO 2024 OF VILLAGE OFFICE
KOZHINJAMPARA, PALAKKAD.
Annexure A2 TRUE COPY OF THE SERIES OF APPOINTMENT
ORDERS FROM CHITTUR TAHSILDAR, PALAKKAD.
Annexure A3 TRUE COPY OF THE JUDGMENT IN WP(C)
17180/2021 DATED 27.09.2021 PASSED BY
THE HON'BLE HIGH COURT OF KERALA.
Annexure A4 TRUE COPY OF THE JUDGMENT DATED
14.02.2023 IN WA NO.1441 OF 2021 PASSED
BY THE HON'BLE HIGH COURT OF KERALA.
Annexure A5 TRUE COPY OF THE INTERIM ORDER IN OP KAT
NO. 565/2024 PASSED BY THE HON'BLE HIGH
COURT DATED 27.12.2024.
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE OA
1725/2024 TOGETHER WITH ANNEXURES.
Exhibit P2 TRUE COPY OF THE ORDER DATED 01.01.2025
IN O.A(EKM)NO.1725/2004 PASSED BY THE
HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.
