Sobha B S vs State Of Kerala
2026 Latest Caselaw 57 Ker

Kerala High Court

Sobha B S vs State Of Kerala on 6 January, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                                  2026:KER:60

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947

                 WP(C) NO. 28484 OF 2025

PETITIONERS:

    1    SOBHA B S
         AGED 51 YEARS
         W/O. LATE AJI R, SOPANAM,
         KURAKKADA PO, ATTINGAL,
         THIRUVANANTHAPURAM, PIN - 695104

    2    SHIBU S
         AGED 48 YEARS
         S/O. M. SATHYAN (LATE),
         PARAMBIL KUNNU VEEDU,
         VILABHAGOM, NEDUNGANDA PO,
         THIRUVANANTHAPURAM, PIN - 695307

    3    NEVIL B S
         AGED 26 YEARS
         S/O. Y. BYJU, BLOCK NO.7,
         SAKTHIPURAM, SASTHAVATTOM PO,
         TRIVANDRUM, PIN - 695305

    4    ANVARDHEEN A
         AGED 51 YEARS
         S/O. ABTHUL KHALAM, QAMLAMANZIL,
         NEDUNGANDA PO, KADAKKAVOOR,
         TRIVANDRUM, PIN - 695307


         BY ADVS.
         SRI.P.CHANDRASEKHAR
         SRI. ANOOP KRISHNA
                                                2026:KER:60
W.P.(C) No.28484/2025
                           :2:


          SRI.C.RAMAN
          SRI.ANAND SANKAR
          SMT.FARHANA KABEER
          SMT.JENNY THANKAM


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS ADDITIONAL SECRETARY,
          DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     UNDER SECRETARY
          LOCAL SELF GOVERNMENT DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    3     VARKALA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF MUNICIPALITY OF VARKALA,
          VARKALA, PO, THIRUVANANTHAPURAM,
          KERALA, PIN - 695141

    4     THE SECRETARY
          VARKALA MUNICIPAL OFFICE,
          VARKALA MUNICIPALITY, VARKALA PO,
          THIRUVANANTHAPURAM, KERALA,
          PIN - 695141

    5     DIRECTOR OF URBAN AFFAIRS
          SURAJ BHAVAN, NANDANKODE, KOWDIAR PO,
          THIRUVANANTHAPURAM, PIN - 695003


          BY ADVS.
          SRI.SIJU KAMALASANAN, STANDING COUNSEL
          SRI. PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD 14.11.2025, THE COURT ON 06.01.2026 DELIVERED THE
FOLLOWING:
                                                                    2026:KER:60
W.P.(C) No.28484/2025
                                      :3:




                           N. NAGARESH, J.

         `````````````````````````````````````````````````````````````
                     W.P.(C) No.28484 of 2025

          `````````````````````````````````````````````````````````````
               Dated this the 6th day of January, 2026


                            JUDGMENT

~~~~~~~~~

The petitioners, who are applicants for

appointment to the post of Contingent Workers in Varkala

Municipality, seek to direct the respondents to continue to

allow the petitioner to work as Contingent Workers in the

available vacancies.

2. The petitioners state that the Varkala

Municipality sought for sponsoring candidates from the

Employment Exchange, Attingal for appointment to the post

of Contingent Workers in the Municipality. The petitioners

were interviewed for appointment to the post. When 2026:KER:60

persons, who have been appointed on daily wage basis as

Contingent Workers, filed W.P.(C) No.17022/2019, the

Municipality submitted before this Court that they have

already prepared a rank list of Sanitation Workers. The writ

petition was closed as per Ext.P2 judgment.

3. The petitioners state that no action was

taken by the Municipality to appoint the petitioners who were

the rank holders in the select list. The 1st petitioner hence

filed W.P.(C) No.22142/2021. This Court, as per Ext.P4

judgment, directed the Varkala Municipality to take a final

decision in the next Municipal Council meeting. The

Municipality, however, decided not to appoint anybody from

Ext.P1 rank list and decided to cancel Ext.P1 rank list.

4. The 4th respondent-Secretary to Municipality

did not agree with the decision of the Municipality. The 4th

respondent referred the matter to the Municipal Director as

per Ext.P5 letter. The petitioners submit that meritorious

rank holders are denied appointment solely for 2026:KER:60

accommodating daily wage workers.

5. The 1st petitioner filed W.P.(C)

No.9397/2022 challenging the decision of the Municipal

Council to cancel Ext.P1 rank list. The 1st petitioner also filed

W.P.(C) No.13580/2022 challenging Ext.P6 decision of the

Municipal Council. By Ext.P7 common judgment dated

12.10.2022, this Court directed the Government to take a

decision on the reference made by the Secretary of the

Municipality. The Government has not passed any order on

the reference made by the 4th respondent. In the meanwhile,

the 1st petitioner has been accommodated in one of the

existing vacancies as Contingent Worker. However,

petitioners 2 to 4 were not granted such temporary

appointments. Pursuant to Ext.P8 judgment in W.P.(C)

No.2862/2023, petitioners 2 to 4 were granted appointment

and the writ petition was closed.

6. On 05.07.2025, as per Ext.P10 order, the

2nd respondent-Under Secretary rejected the reference made 2026:KER:60

by the Secretary. The petitioners submit that Ext.P10 was

passed without hearing the petitioners. Ext.P10 order has

been passed mechanically and without application of mind.

The decision of the Varkala Municipality to cancel Ext.P1 is

unlawful, contended the petitioners.

7. Respondents 3 and 4 filed counter affidavit.

Respondents 3 and 4 submitted that there were 10 vacancies

of Contingent Workers and hence Secretary requested for a

list of persons eligible for appointment, from the Employment

Exchange, in November, 2018. The Employment Exchange

provided a list of 87 candidates. The Municipality decided to

constitute an Interview Board.

8. The workers in the CLR list in the

Municipality then filed W.P.(C) No.17022/2019. Consequent

to the interim order in the said writ petition, 24 CLR workers

were also included in the selection process. Interview was

conducted on 26.06.2019. On 20.11.2020, a draft ranked list

was prepared. In the meanwhile, a new Municipal Council 2026:KER:60

took charge on 04.01.2021. There was difference of opinion

in the Steering Committee meeting regarding approval of the

draft rank list. By a majority decision on 23.12.2021, the

Municipal Council decided to cancel the rank list and to

initiate fresh selection process, as per Ext.P6.

9. The Secretary sent Ext.P5 letter to the 5th

respondent-Director of Urban Affairs seeking clarification in

the matter. This Court directed the Government to consider

and dispose of the issue on merits. The Government

thereupon passed Ext.P10 order dated 05.07.2025 approving

cancellation of the rank list.

10. As the Government decided to cancel the

draft rank list, the Secretary by order dated 28.07.2025

decided to terminate temporary engagement of the

petitioners as Sanitation Workers, as per Ext.R3(a). The writ

petition is without any merit and is liable to be dismissed,

urged respondents 3 and 4.

2026:KER:60

11. I have heard the learned counsel for the

petitioners, the learned Senior Government Pleader

representing respondents 1, 2 and 5 and the learned

Standing Counsel representing respondents 3 and 4.

12. The petitioners are candidates sponsored

by the Employment Exchange for recruitment to the post of

Contingent Workers in Varkala Municipality. There were 10

vacancies of Contingent Workers and the Municipality

requested the Employment Exchange to sponsor candidates.

The proceedings were initiated in November, 2018. The

Employment Exchange provided a list of 87 candidates on

15.05.2019. When the Council decided to constitute an

interview board on 11.06.2019, temporary workers in CLR list

working in the Municipality filed W.P.(C) No.17022/2019.

Pursuant to the interim orders of this Court, the 24 CLR

workers were also included in the selection process.

13. Even though an interview was conducted

and a draft rank list was drawn on 20.11.2021, due to the 2026:KER:60

Code of Conduct implemented by the State Election in

connection with elections to the Local Self Government

Institutions, no decision could be taken on the draft rank list.

The new Municipal Council met on 05.02.2021 adjourned

their decision on the draft rank list. On 23.12.2021, by

Ext.P6 order, the Council decided to cancel the draft rank list

and to resort to fresh selection process.

14. Ext.P6 minutes of the Municipal Council

meeting held on 23.12.2021 would show that the issue was

subjected to detailed deliberations and the Municipal Council

has taken a final decision to cancel the rank list. Though the

Secretary to the Municipality took a stand that the decision is

illegal and referred the matter to the Government, the

Government as per Ext.P10 order came to the conclusion

that since the Local Self Government Institutions are the

appointing authorities in respect of posts in the contingent

service, the majority opinion of the Municipal Council should

prevail.

2026:KER:60

15. Taking note of the fact that the selection

process was initiated in the year 2018 and more than seven

years have lapsed since, I am of the view that the decision

taken by the Municipal Council as per Ext.P6, as approved

by the Government as per Ext.P10, is amply justified. In the

facts of the case, it would be only appropriate that the

Municipality resort to fresh selection proceedings.

16. At the same time, it has to be kept in mind

that the petitioners are candidates who are nominated by the

Employment Exchange and they were waiting for

employment for a long period. The delay in making selection

should not adversely affect their chances for being

considered for selection and appointment to contingent

posts.

In the circumstances, while upholding

Exts.P6 and P10 decisions of the Municipality and the

Government, the writ petition is disposed of directing that as

and when the Municipality initiates fresh selection 2026:KER:60

proceedings, the petitioners shall also be considered for

selection and appointment and they should be given age

relaxation appropriately, in view of their Employment

Exchange sponsorship and of the long delay in concluding

selection proceedings initiated in the year 2018.

Sd/-

N. NAGARESH, JUDGE aks/29.12.2025 2026:KER:60

APPENDIX OF WP(C) NO. 28484 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE RANK LIST OF CANDIDATES WHO WERE INTERVIEWED FOR APPOINTMENT TO THE POST OF CONTINGENT WORKERS OF THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF JUDGMENT DATED 27.02.2020 IN W.P.(C) NO.17022 OF 2019 Exhibit P3 A TRUE COPY OF THE LETTER DATED 16.08.2021 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 16.11.2021 IN WP(C) NO. 22142 OF 2021 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE LETTER DATED 29.01.2022 OF THE 4TH RESPONDENT TO THE MUNICIPAL DIRECTOR, MUNICIPAL DIRECTORATE, THIRUVANANTHAPURAM ALONG WITH TYPED COPY Exhibit P6 A TRUE COPY OF THE DECISION DATED 23.12.2021 IN AGENDA NO. 17 OF THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 12.10.2022 IN WP(C) NO. 9397 OF 2022 AND WP(C) NO. 13580 OF 2022 Exhibit P8 A TRUE COPY OF THE ORDER DATED 27.02.2024 IN WP(C) NO. 2862 OF 2023 ON THE FILE OF THIS HONOURABLE COURT Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 26.06.2024 IN WP(C) NO. 2862 OF 2023 Exhibit P10 A TRUE COPY OF THE ORDER DATED 05.07.2025 OF THE 2ND RESPONDENT RESPONDENT'S EXHIBIT

Exhibit.R3(a) THE COPY OF ORDER DATED 28.7.2025 VIDE NO.3368667-2025 ISSUED BY THE 3RD RESPONDENT