Jayan P vs Punalur Municipality on 8 December, 2020

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Kerala High Court

Jayan P vs Punalur Municipality on 8 December, 2020

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

  TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

                    WP(C).No.25509 OF 2020(K)

PETITIONERS:
       1     JAYAN P, AGED 49 YEARS, S/O. PAPPACHAN,
             THENGUMTHARAYIL VEEDU, AIKKARAKONAM,
             KAKKODE P.O, PUNALUR- 691331,

      2      ABY C.M, AGED 30 YEARS, S/O. L. CHELLACHAN,
             MANUVILA, KOCHUVEEDU, KUTHIRACHIRA,
             PUNALUR - 691305.

      3      SINDULAL, AGED 49 YEARS, S/O. MADHAVAN,
             MARUTHAMAN, NEAR MARKET, PUNALUR P.O,
             PIN - 691305.

      4      SUNIL KUMAR, AGED 49 YEARS, S/O NATESAN,
             KARTHIKA BHAVAN, CHETTUKUZHI, MANIYAR,
             PUNALUR - 691305.

      5      BINDULAL, AGED 49 YEARS, S/O. MADHAVAN,
             MARUTHAMAN, NEAR MARKET, PUNALUR P.O, 691305.

             BY ADVS.
             SRI.P.B.SAHASRANAMAN
             SRI.T.S.HARIKUMAR
RESPONDENTS:
       1     PUNALUR MUNICIPALITY, PUNALUR P.O, PIN - 691305,
             REPRESENTED BY ITS SECRETARY.

      2      THE SECRETARY, PUNALUR MUNICIPALITY, PUNALUR P.O,
             PIN - 691305.

      3      THE DIRECTOR OF URBAN AFFAIRS,
             DIRECTORATE OF URBAN AFFAIRS, 1ST FLOOR,
             SWARAJ BHAVAN, NANTHANCODE P.O,
             THIRUVANANTHAPURAM - 695003.

             SHRI.MANOJ RAMASWAMY, SC, PUNALUR MUNICIPALITY
             SRI. BIJOY CHANDRAN - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 25509/20
                                        2


                                  JUDGMENT

The petitioners, who are stated to be working as Sanitation Workers in the Punalur Municipality for the last more than 10 years, have approached this Court impugning Ext.P1 proceedings of the 3rd respondent-Director of Urban Affairs, as per which, a list of substitute Sanitation Workers has been directed to be prepared by the Municipality only by inviting candidates through the Employment Exchange.

2. The petitioners say that Ext.P1 is arduous and unlawful since persons like them will be completely excluded from the said process. They, therefore, pray Ext.P1 be set aside and the Municipality be directed to include them also in the list of substitute Sanitation Workers, within a time frame to be fixed by this Court.

3. In response to the afore submissions WPC 25509/20 3 made on behalf of the petitioners by their learned counsel - Sri.P.B.Sahasranaman, the learned Senior Government Pleader -Sri.Bijoy Chandran, submitted that Ext.P1 is intended to apply only in the process of preparation of the list of regular Sanitation Workers, but not in the case of substitute Sanitation Workers. He submitted that, therefore, even without a challenge to Ext.P1, the Punalur Municipality is at liberty to prepare a list of substitute Sanitation Workers without following the rigour of the said order.

Taking note of the afore submissions, I order this writ petition and direct the 2nd respondent-Secretary of the Punalur Municipality to prepare the list of substitute Sanitation Workers applicable to their territory in terms of law, but without the rigour of Ext.P1, taking note of the claims of the petitioners also.

WPC 25509/20

This exercise shall be completed by the said Authority as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this judgment and the petitioners will be, thereafter, offered employment in terms of their rank in the said list, if they are so included.

Sd/-


                                       DEVAN RAMACHANDRAN
      RR                                      JUDGE
 WPC 25509/20
                                 5


                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE PHOTOSTAT COPY OF THE ORDER

NO.E2/13695/2020 DATED 19.10.2020 OF THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE TYPED COPY OF THE REPRESENTATION MADE BY THE PETITIONERS BEFORE THE 2ND RESPONDENT, DATED 30.10.2020. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN WP(C) NO. 24291 OF 2020 DATED 13.11.2020.

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