Kerala High Court
P.Krishnan vs State Of Kerala on 2 December, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941
WP(C).No.32656 OF 2019(F)
PETITIONER:
P.KRISHNAN
SANITATION WORKER (TEMPORARY),
NILESHWARAM MUNICIPALITY,
NILESHWARAM P.O. ,
KASARGOD-671 314.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF URBAN AFFAIR,
THIRUVANANTHAPURAM, PIN-695 003.
3 THE NILESHWARAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
NILESHWARAM, KASARGOD, PIN-672 314.
4 THE SECRETARY,
NILESHWARAM MUNICIPALITY,
NILESHWARAM, KASARGOD-672 314.
BY ADVS.
R3-4 BY SRI.M.SASINDRAN, SC, NILESHWAR MUNICIPALITY
SRGP.SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.32656 OF 2019(F)
2
JUDGMENT
The petitioner who claims to have been working as a Sanitation Worker in the Nileshwaram Municipality is challenging the order Ext.P6 of the Government by which his request for regularisation was rejected on the ground that the appointments as Sanitation Worker in the Municipalities have to be made in accordance with the G.O.(MS).No.14/82 LBR dated 22.04.1982 and petitioner's appointment was not made in accordance with the said order. Seeing that petitioner's appointment was made based on the decision dated 10.04.2006 at the time when the Municipality was a Panchayat, the Government found that the decision of the Municipal Council for regularisation of the petitioner cannot be allowed. Petitioner claims that he was originally working as a Part Time Sweeper in Nileshwaram Panchayat on daily wage basis since the year 2003 and from April, 2006 he was engaged as a Sanitation Worker. He stated that he continued to work in the same post even after the formation of the Panchayat as Municipality. Petitioner submits that Municipal Council had as per Ext.P1, decided to regularise service of the petitioner and said resolution was forwarded to the Government. Petitioner also claims that several persons similarly situated were already regularised in the Municipality.
2. I have considered similar claims raised by the Sanitation Workers who were working in the Thrissur Corporation in my judgment dated 01.11.2019 in W.P.(C) No.29381 of 2019, where also the Corporation had WP(C).No.32656 OF 2019(F) 3 requested the Government to regularise them. In that case also the Government had rejected their claims seeing that appointments were not made in accordance with the Government Orders. In the present case, petitioner does not have a case that he was appointed through employment exchange, as directed in the Government Order. He does not even refer to any selection being made. Therefore, paragraph 3 of the judgment in W.P. (C) No.29381 of 2019 would apply to the case of the petitioner also, which reads as follows:
"Appointment to the posts in the Municipalities/Corporations are to be made by following the procedure known to law which should be consistent with the provisions contained in Articles 14 and 16 of the Constitution of India. That is what is stated in Ext.P14 order also. Just because Municipal Corporation is the appointing authority under Section 224(1), that does not mean that the Municipal Corporation have any right to make appointments at their whims and fancies or by pick and choose. The 3 rd respondent ought to have followed the directions in the Government orders of 1992 and 2001 while making appointments. It is settled law that public employment is the wealth of the nation which is to be shared by the qualified hands equally consistent with Article 14 and 16 of the Constitution of India."
Therefore, I do not find anything wrong with Ext.P6 order. Accordingly, the writ petition is dismissed.
Sd/-
P.V.ASHA SCS JUDGE WP(C).No.32656 OF 2019(F) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGENDA SLIP OF THE NILESHWARAM MUNICIPALITY COUNCIL.
EXHIBIT P2 TRUE COPY OF THE DECISION NO.20/1 DATED 07.02.2018.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 20.02.2018 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER NO.E2-4912/2018 DATED 20.08.2018 BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23.02.2019 ISSUED BY THE 1ST RESPONDENT.
//TRUE COPY// PA TO JUDGE