Kerala High Court
Siju P. Sugathan vs State Of Kerala on 14 November, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:86480
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF NOVEMBER 2025 / 23RD KARTHIKA, 1947
WP(C) NO. 15142 OF 2023
PETITIONERS:
1 ABDUL SALAM K.,
AGED 52 YEARS,
S/O.MUHAMMED, KUNNATH HOUSE,
VATTAPPARA,
NARUKARA PO, MANJERI,
MALAPURAM (SANITATION WORKER, (CLR),
MANJERI MUNICIPALITY, PIN - 676122
2 MUHAMMED HASAN P.M.,
AGED 49 YEARS,
S/O.MUHAMMED P.M.,
PUTHUSSERI MADATHIL HOUSE,
VATTAPARA, NARUKARA PO, MANJERI,
MALAPURAM (WORKER-CLR), MANJERI,
MUNICIPALITY, PIN - 676122
3 ABDUL RASHEED A.K.,
AGED 45 YEARS,
S/O.AYAMUNNI, ANDIKKATTIL HOUSE,
MANGALSSERI, KARUVAMBRAM PO, MANJERI,
MALAPURAM - (SANITATION WORKER (CLR),
MANJERI MUNICIPALITY, PIN - 676123
4 SHIHAB V.,
AGED 48 YEARS,
S/O.ABOOBACKER,
AGED VALLANCHIRA HOUSE,
KARUVAMBRAM WEST PO, RAMANKULAM, MANJERI,
MALAPURAM DISTRICT (SANITATION WORKER (CLR),
MANJERI MUNICIPALITY,
PIN - 676123.
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5 ABOOBACKER SIDDEEQUE,
AGED 37 YEARS,
S/O.MUHAMMED ALI, PATTIKADAN HOUSE, VATTAPARA
NARUKARA PO, MANJERI,
MALAPPURAM DISTRICT- (DRIVER (CLR)
MANJERI MUNICIPALITY,
PIN - 676122
6 FAVAS P,
AGED 33 YEARS,
S/O. ABDUL KAREEM PARAMBAN HOUSE,
NSS COLLEGE PO, MANJERI,
MALAPURAM - 673 122 SANITATION WORKER (CLR),
MANJERI MUNICIPALITY
7 HASSAINAR,
AGED 53 YEARS,
S/O.AHAMMED PARAKKADAN,
PARAKKADAN HOUSE, KARAPARAMBU, PULPATTA PO
MALAPURAM
(SANITATION WORKER-(CLR) MANJERI
MUNICIPALITY, MANJERI PO
MALAPPURAM DISTRICT -676 121,
PIN - 676123
BY ADVS.
SRI.K.MOHANAKANNAN
SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 MANJERI MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHAIRPERSON,
MANJERI MUNICIPALITY, MANJERI PO,
MALAPPURAM DISTRICT, PIN - 676121
2 THE SECRETARY,
MANJERI MUNICIPALITY,
MANJERI PO,
MALAPPURAM DISTRICT,
PIN - 676121
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*ADDL.3 BALAN P.,
S/O. KORAN, AGED 47 YEARS,
KALLENGARA HOUSE, ELAMKOOR P.O.,
MALAPPURAM-676122.
*ADDL.4 JAYESH N.,
S/O GOPALKRISHNAN N.,
AGED 40 YEARS, ALLUNGAL HOUSE,
MANHAPATTA P.O., MANJERI,
MALAPPURAM- 676123
(ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED
AS PER THE ORDER DATED 12.05.2023 IN I.A.1/2023
IN WPC NO.15142/2023)
BY ADVS.
SRI.R.RANJITH, SC (MANJERI)
SRI.N.ANAND
SRI.RAJESH O.N.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2025, ALONG WITH WP(C).15146/2023,
15500/2023 AND CONNECTED CASES, THE COURT ON 14.11.2025
DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF NOVEMBER 2025/23RD KARTHIKA, 1947
WP(C) NO. 15146 OF 2023
PETITIONERS:
1 BABY KAMALAM ALLADAN,
AGED 47 YEARS,
NECHIKUNDU KIZHAKATHIL,
THURAKKAL,
MANJERI (PO),
MALAPPURAM DISTRICT,
PIN - 676121
2 ANITHA T.,
AGED 38 YEARS,
CHELAMBIL HOUSE, MANHAPATTA PO,
ELANKUR, MALAPURAM DISTRICT,
PIN - 676122
3 SABEER M.,
AGED 42 YEARS,
S/O.ALAVI, MUSLIYARAKATH HOUSE,
PAYYANAD PO, MALAPURAM DISTRICT,
PIN - 676122
BY ADVS.
SRI.K.MOHANAKANNAN
SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 MANJERI MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHAIRPERSON,
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MANJERI MUNICIPALITY, MANJERI PO,
MALAPPURAM DISTRICT, PIN - 676121
2 THE SECRETARY,
MANJERI MUNICIPALITY, MANJERI PO,
MALAPPURAM DISTRICT, PIN - 676121
*ADDL.3 BALAN P.,
S/O. KORAN,
AGED 47 YEARS, KALLENGARA HOUSE,
ELAMKOOR P.O., MALAPPURAM-676122.
*ADDL.4 JAYESH N.,
S/O. GOPALKRISHNAN N.,
AGED 40 YEARS, ALLUNGAL HOUSE,
MANHAPATTA PO, MANJERI,
MALAPPURAM -676123.
(ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED
AS PER THE ORDER DATED 12.05.2023 IN I.A.
NO.1/2023 IN WPC NO.15146 OF 2023).
BY ADVS.
SRI.R.RANJITH, SC (MANJERI)
SRI.N.ANAND
SRI.RAJESH O.N.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2025, ALONG WITH WP(C).15142/2023 AND
CONNECTED CASES, THE COURT ON 14.11.2025 DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF NOVEMBER 2025/23RD KARTHIKA, 1947
WP(C) NO. 15500 OF 2023
PETITIONERS:
1 BALAN P.,
AGED 47 YEARS,
S/O KORAN, KALLENGARA HOUSE,
ELAMKOOR P.O., MALAPPURAM,
PIN - 676122
2 JAYESH N.,
S/O GOPALKRISHNAN N, ALLUNGAL HOUSE,
MANHAPATTA PO, MANJERI,
MALAPPURAM, PIN - 676123
BY ADVS.
SRI.N.ANAND
SHRI.RAJESH O.N.
RESPONDENTS:
1 STATE OF KERALA,
DEPARTMENT OF LOCAL SELF GOVERNMENT
INSTITUTIONS REPRESENTED BY ITS SECRETARY
ANNEX I, SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF URBAN AFFAIRS,
SWARAJ BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695003
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3 MANJERI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY MANJERI P.O.,
MALAPPURAM DISTRICT, PIN - 676121
4 THE DISTRICT EMPLOYMENT EXCHANGE,
CIVIL STATION,
REPRESENTED BY ITS DISTRICT EMPLOYMENT
OFFICER MALAPPURAM, PIN - 676505
*ADDL.5 ABDUL SALAM.K,
AGED 52 YEARS
S/O.MUHAMMED, KUNNATH HOUSE, VATTAPPARA,
NARUKARA PO, MANJERI,
MALAPURAM -676 122 (SANITATION WORKER,
(CLR),MANJERI MUNICIPALITY.
*ADDL.6 MUHAMMED HASAN P.M,
AGED 49 YEARS,
S/O.MUHAMMED P.M.,
PUTHUSSERI MADATHIL HOUSE,
VATTAPARA,
NARUKARA PO, MANJERI,
MALAPURAM - 676 122
(WORKER -CLR), MANJERI, MUNICIPALITY.
*ADDL.7 ABDUL RASHEED A.K,
AGED 45 YEARS,
S/O.AYAMUNNI, ANDIKKATTIL HOUSE,
MANGALSSERI, KARUVAMBRAM PO, MANJERI,
MALAPURAM - 676 123 (SANITATION WORKER (CLR),
MANJERI MUNICIPALITY.
*ADDL.8 SHIHAB. V.,
AGED 48 YEARS
S/O.ABOOBACKER, VALLANCHIRA HOUSE,
KARUVAMBRAM WEST PO, RAMANKULAM,
MANJERI, MALAPURAM DISTRICT - 676 123
(SANITATION WORKER (CLR), MANJERI MUNICIPALITY.
*ADDL.9 ABOOBACKER SIDDEEQUE,
AGED 37 YEARS
S/O.MUHAMMED ALI, PATTIKADAN HOUSE,
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VATTAPARA NARUKARA PO, MANJERI,
MALAPPURAM DISTRICT- 676 122
(DRIVER (CLR) MANJERI MUNICIPALITY.
*ADDL.10 FAVAS P.,
AGED 33 YEARS
S/O. ABDUL KAREEM PARAMBAN HOUSE,
NSS COLLEGE PO, MANJERI,
MALAPURAM -676 122,
SANITATION WORKER (CLR),
MANJERI MUNICIPALITY.
*ADDL.11 HASSAINAR A.,
AGED 53 YEARS,
S/O.AHAMMED PARAKKADAN,
PARAKKADAN HOUSE, KARAPARAMBU,
PULPATTA PO, MALAPURAM -676 123
(SANITATION WORKER-(CLR) MANJERI MUNICIPALITY,
MANJERI PO, MALAPPURAM DISTRICT
(ADDITIONAL RESPONDENTS 5 TO 11 ARE IMPLEADED
AS PER ORDER DATED 09.04.2024 IN IA NO.1/2023
IN WPC NO.15500/2023)
BY ADVS.
SRI.PREMCHAND R NAIR, SENIOR GOVERNMENT PLEADER
SRI.R.RANJITH, SC (MANJERI)
SRI.K.MOHANAKANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.10.2025, ALONG WITH WP(C).15142/2023 AND CONNECTED
CASES, THE COURT ON 14.11.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF NOVEMBER 2025/23RD KARTHIKA, 1947
WP(C) NO. 37605 OF 2024
PETITIONER:
SIJU P. SUGATHAN,
AGED 53 YEARS,
S/O SUGATHAN PAREPARAMBIL HOUSE,
NORTH VAYMEETHI EROOR P.O. THRIPUNITHURA,
KERALA, PIN - 682306
BY ADV.SMT.LAKSHMI RAJAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL DIRECTOR,
LOCAL SELF GOVERNMENT DEPARTMENT,
SWARAJ BHAVAN, KOWDIAR P.O NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003
3 THE DIRECTOR (URBAN),
OFFICE OF THE PRINCIPAL DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT,
SWARAJ BHAVAN,
KOWDIAR P.O NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003
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4 THRIPUNITHURA MUNICIPALITY,
REP BY ITS SECRETARY,
THRIPUNITHURA,
ERNAKULAM, PIN - 682301
5 THE SECRETARY,
THRIPUNITHURA MUNICIPALITY,
THRIPUNITHURA,
ERNAKULAM, PIN - 682301
6 THE MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHAIRPERSON
THRIPUNITHURA MUNICIPALITY
THRIPUNITHURA,
ERNAKULAM, PIN - 682301
BY ADVS.
SRI.K.S.ARUN KUMAR, SC, TRIPUNITHURA
MUNICIPALITY
SRI.PREMCHAND R NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2025, ALONG WITH WP(C).15142/2023 AND
CONNECTED CASES, THE COURT ON 14.11.2025 DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF NOVEMBER 2025/23RD KARTHIKA, 1947
WP(C) NO. 20483 OF 2025
PETITIONERS:
1 RAHUL M.,
AGED 41 YEARS
RESIDING AT SREEVILASAM HOUSE,
THOTTUMUKKAM.P.O, AREACODE VIA,
MALAPPURAM, PIN - 673639
2 RASHEED K.,
AGED 46 YEARS,
KUTTIKKADAN HOUSE,
KURIKKALAMPAD, POOVATHIKKAL.P.O.,
AREACODE VIA, MALAPPURAM, PIN - 673639
BY ADVS.
SRI.N.KRISHNA PRASAD
SRI.P.SHANES METHAR
SRI.A.MOHAMMED FAIZAL
SRI.ARJUN P.V.
SRI.HARKISH SREETHU V.S.
RESPONDENTS:
1 STATE OF KERALA,
DEPARTMENT OF LOCAL SELF GOVERNMENT
INSTITUTIONS, REPRESENTED BY ITS SECRETARY,
ANNEX I, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF URBAN AFFAIRS,
SWARAJ BHAVAN, NANTHANCODE,
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THIRUVANANTHAPURAM, PIN - 695003
3 THE MANJERI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY MANJERI
PO,MALAPPURAM DISTRICT, PIN - 676121
4 THE DISTRICT EMPLOYMENT EXCHANGE,
CIVIL STATION,
REPRESENTED BY ITS DISTRICT EMPLOYMENT OFFICER,
MALAPPURAM, PIN - 676505
BY ADVS.
SRI.PREMCHAND R NAIR, SR. GOVERNMENT PLEADER
SRI.R.RANJITH, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.10.2025, ALONG WITH WP(C).15142/2023 AND CONNECTED
CASES, THE COURT ON 14.11.2025 DELIVERED THE FOLLOWING:
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CR
N. NAGARESH, J.
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W.P.(C) Nos.15142, 15146 & 15500 of 2023,
37605 of 2024 and 20483 of 2025
`````````````````````````````````````````````````````````````
Dated this the 14th day of November, 2025
JUDGMENT
~~~~~~~~~ These writ petitions relate to recruitment to the posts of Substitute Sanitation Workers (CLR) in the Manjeri and Thrippunithura Municipalities. Hence, they are heard together and disposed of by a common judgment. In this judgment, parties and exhibits are referred to as they are described/marked in W.P.(C) No.15142/2023.
2. W.P.(C) Nos.15142/2013 and 15146/2023 are filed by the petitioners, who are working as daily wage 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 14 : Sanitation Workers in the Manjeri Municipality. The petitioners are working as such since the year 2013 onwards. They are appointed by the Municipality, paid from the own fund of the Municipality and are enrolled in the Employees Provident Fund.
3. They have been working for several years without any break. Now, the respondents are taking steps to replace them by another set of employees through Employment Exchange. Ext.P10 letter dated 18.04.2023 has been issued by the Municipality requesting the Employment Exchange hands to appear for interview on 10.05.2023. The petitioners state that they are entitled for continued employment and regularisation. There are several vacancies to accommodate the petitioners. The only livelihood of the petitioners is the income derived from the job. Their families are wholly dependent on the petitioners and their employment as daily wage Sanitation Workers.
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4. When these writ petitions came up for admission in the year 2023, this Court directed the respondents to provisionally permit the petitioners to participate in the interview for appointment to the post of Substitute Sanitation Workers pending disposal of the writ petition. The petitioners seek to direct the respondents to regularise the service of the petitioners as Substitute Sanitation Workers within a time frame.
5. The petitioner in W.P.(C) No.37605/2024 is a CLR worker who is working in the Thrippunithura Municipality since the year 2003. The petitioner seeks to declare that he is entitled to be regularised in the contingent service under the Municipality. He seeks to direct the Municipality to include him while filling the existing two vacancies as per Ext.P2 resolution.
6. W.P.(C) Nos.15500/2023 and 20483/2025 are filed by candidates who were nominated by the 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 16 : Employment Exchange for appointment to the available vacancies of Substitute Sanitation Workers in Manjeri Municipality. The petitioners in these writ petitions submit that they are registered with the Employment Exchange. The Manjeri Municipality, as per resolution dated 13.04.2023, resolved to appoint sanitation workers from a list furnished by the Employment Exchange.
7. The petitioners state that in Government Order dated 22.04.1982, the Government has directed the Municipalities to engage contingent workers only through the Employment Exchange. The Manjeri Municipality, however, appointed daily wage Sanitation Workers without following the Government Order dated 22.04.1982. In W.P.(C) No.1024/2022 filed by Employment Exchange candidates, the Manjeri Municipality undertook to fill up the available vacancies through Employment Exchange.
2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 17 :
8. The Manjeri Municipality appointed many political workers having allegiance to the ruling party as daily wage Sanitation Workers. The Municipality has the habit of regularising such candidates clandestinely. The Employment Exchange on 13.12.2022 forwarded a list of candidates suitable for appointment as Substitute Sanitation Workers. The petitioners were included in the Employment Exchange list. They were required to appear before the Municipality along with Employment Exchange registration card.
9. The Municipality appointed 13 Employment Exchange candidates and 9 non-Employment Exchange candidates as Substitute Sanitation Workers. The appointment of the non Employment Exchange candidates is against the law laid down by the Hon'ble Apex Court in Secretary, State of Karnataka and others v. Uma Devi and others [(2006) 4 SCC 1], contended the petitioners. The petitioners therefore prayed to direct the Municipality to refrain 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 18 : from appointing anyone else other than the candidates sponsored by the Employment Exchange as Substitute Sanitation Workers.
10. The counsel for the petitioners in W.P.(C) Nos.15142/2023 and 15146/2023, who are working as daily wage Sanitation Workers in the Manjeri Municipality since the year 2013 onwards, contended that they are eligible to be considered for regularisation of service as Substitute Sanitation Workers taking into account the long years of service rendered by them as daily wage Sanitation Workers.
11. The counsel for the petitioners relied on the judgment of the Hon'ble Apex Court in Excise Superintendent, Malkapatnam v. K.B.N. Visweshwara Rao and others [(1996) 6 SCC 216] wherein the Hon'ble Apex Court has held that it is common knowledge that many a candidate is unable to have the names sponsored, though their names are either registered or waiting to be registered in 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 19 : the Employment Exchange, with the result that the choice of selection is restricted to only such of the candidates whose names come to be sponsored by the Employment Exchange. Under these circumstances, many a deserving candidate is deprived of the right to be considered for appointment to a post under the State.
12. The counsel for the petitioners also relied on the judgment of the Hon'ble Apex Court in Union of India and others v. Miss. Pritilata Nanda [(2010) 11 SCC 674] wherein the Hon'ble Apex Court has held that by denying appointment to a candidate despite selection and placement in the merit list, would violate right to equality in the matter of employment guaranteed under Article 16 of the Constitution of India.
13. The counsel for the petitioners further relied on a judgment of this Court in Hameshdas K.H. and others v. State of Kerala and others [ILR 2021 (3) Ker. 456] 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 20 : wherein a learned Single Judge of this Court observed that even though the extant Government Orders make it clear that only persons who are sponsored by the Employment Exchange can be appointed as DLR workers; but if in spite of this, the authorities had made a proper notification and had conducted valid selection process, which was approved by the competent authorities, there is no reason why such persons also should not be considered for regularisation in terms of law.
14. The counsel for the petitioners in W.P.(C) Nos.15500/2023 and 20483/2025, who are candidates nominated by the Employment Exchange, relied on a Division Bench judgment of this Court in W.A. No.811/2024 wherein the Division Bench has held that though the appellants therein are DLR workers working in the Municipality for many years on daily wages, they have no right to contend that they should be appointed other than by a due selection process. The 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 21 : counsel for the petitioners also relied on a Division Bench judgment of this Court in W.A. No.2398/2018 wherein the Division Bench has held that Municipality was given the power to engage candidates who were not sponsored by the Employment Exchange only in case of additional work.
15. I have heard the learned counsel for the petitioners in the writ petitions, the learned Government Pleader representing the State of Kerala and the learned Standing Counsel appearing for the Municipalities.
16. It is not disputed that the petitioners in W.P. (C) Nos.15142/2023 and 15146/2023 have been working as daily wage Sanitation Workers on temporary basis from various dates since the year 2010. They were enrolled in the Employment Provident Fund Scheme. The Manjeri Municipal Council initiated proceedings for regular appointment of Substitute Sanitation Workers and invited nominations from the Employment Exchange. When the Employment 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 22 : Exchange candidates were called for interview, the daily wage Sanitation Workers approached this Court seeking regularisation of their services.
17. By interim order dated 05.05.2023 in W.P.(C) Nos.15142/2023 and 15146/2023, this Court directed that the petitioners may also be permitted to participate in the interview for appointment to the post of Substitute Sanitation Workers. Pursuant to the said interim order, the petitioners participated in the selection proceedings. The Municipality interviewed them also along with Employment Exchange sponsored candidates and the petitioners have been found eligible for regular appointment.
18. The candidates sponsored by the Employment Exchange for appointment as Substitute Sanitation Workers in the same Manjeri Municipality are the petitioners in W.P.(C) Nos.15500/2023 and 20483/2025. The candidates sponsored by the Employment Exchange would 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 23 : contend that the Government Order dated 22.04.1982 mandates that the Municipality shall appoint Substitute Sanitation Workers only from the list furnished by the Employment Exchange. This Court in Ext.P2 judgment has also held that the Municipality cannot appoint anyone else other than from the list provided by the Employment Exchange. As the petitioners are candidates sponsored by the Employment Exchange, selection should be confined from among the candidates sponsored by the Employment Exchange, urged the petitioners.
19. It is true that the temporary adhoc workers working under the State or under an instrumentality of the State cannot seek regularisation of their services as a matter of right. In W.P.(C) Nos.15142 and 15146 of 2023, the petitioners are daily wage Sanitation Workers engaged by the Municipality for long years. When these writ petitions came up for admission, this Court directed the Municipality to 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 24 : consider their candidature also in the selection process. In the selection process, the petitioners in the writ petitions have come out successful.
20. It is true that this Court in W.A. No.811/2024 has held that the DLR workers working in a Municipality for long years on daily wages have no right to contend that they should be appointed other than by a due selection process. The petitioners in W.P.(C) Nos.15142 and 15146 of 2023, however, have been subjected to due selection process pursuant to the interim orders of this Court along with the candidates sponsored by the Employment Exchange. The Hon'ble Apex Court has held in the judgment in Excise Superintendent, Malkapatnam (supra) that it is common knowledge that many a candidate are unable to have the names sponsored by the Employment Exchange, though their names are either registered or awaiting registration. In such cases, the choice of selection is restricted to only such of the 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 25 : candidates whose names come to be sponsored by the Employment Exchange. Under these circumstances, many a deserving candidate is deprived of the right to be considered for appointment to a post under the State.
21. The Hon'ble Apex Court held that the better view appears to be that it should be mandatory for the requisitioning authority / establishment to intimate the Employment Exchange and Employment Exchange should sponsor the names of the candidates to the requisitioning Departments for selection strictly according to seniority and reservation. In addition, the appropriate Department or Undertaking or Establishment should call for the names by publication in the newspapers having wider circulation and also display on their office notice boards or announce on radio, TV and Employment News Bulletins and then consider the names of all the candidates who have applied. If this procedure is adopted, fair play would be subserved. The 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 26 : equality of opportunity in the matter of employment would be available to all eligible candidates.
22. In this case, selection proceedings were initiated by reporting the vacancies to Employment Exchange. The Employment Exchange sponsored certain candidates, all of whom were subjected to a selection proceedings. It is in the meanwhile that the adhoc sanitation workers, who have rendered long years of service in the Municipality, approached this Court. Taking note of their long years of service, this Court passed interim orders and directed that those candidates may also be subjected to selection process. All adhoc sanitation workers of the Manjeri Municipality were also thus subjected to the same selection process.
23. The Municipality has made available the select list of candidates who are successful in the selection process, which contains their eligibility conditions and educational qualifications. The selection has been made by 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 27 : the Municipality strictly on the basis of merit. There is no allegation that any of the daily wage Sanitation Workers working under the Municipality were excluded from the zone of consideration. The selection was thus made from a wider zone of consideration inclusive of candidates sponsored by the Employment Exchange and the daily wage Sanitation Workers working in the Municipality. The selection is thus after a due selection process, following uniform criteria and on the basis of merit. Therefore, I do not find any illegality in the said selection process.
W.P.(C) Nos.15142 and 15146 of 2023 are allowed. The respondents are directed to appoint the petitioners who are selected in the selection proceedings to the post of Substitute Sanitation Workers. W.P.(C) Nos.15500/2023 and 20483/2025 are dismissed. Those among the petitioners who are selected in the selection proceedings will, however, be entitled to regular appointment.
2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 28 : As regards W.P.(C) No.37605/2024, as and when selection proceedings are initiated by the Thrippunithura Municipality for regular appointment of Substitute Sanitation Workers, all the CLR / daily wage Sanitation Workers including the petitioners working in the Municipality and having more than 10 years of service, shall also be subjected to selection process along with the candidates who may be sponsored by the Employment Exchange.
Sd/-
N. NAGARESH, JUDGE aks/12.11.2025 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 29 : APPENDIX OF WP(C) 15142/2023 PETITIONERS' EXHIBITS:
Exhibit P1 :- TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.H1-3738/23(2) ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE 1ST PETITIONER ON 8-3-2023 Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.H1-3738/23(7) ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 2ND PETITIONER ON 08-03-2023 Exhibit P3 : TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.H1-3738/23(6) ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 3RD PETITIONER ON 08-03-2023 Exhibit P4 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.H1-3738/23(3) ISSUED BY THE 4TH RESPONDENT MUNICIPALITY TO THE 4TH PETITIONER ON 08-03-2023 Exhibit P5 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.GI-9806/2002 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 5TH PETITIONER ON 24-12-2022 Exhibit P6 : TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.H1-3738/23(1) ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 6TH PETITIONER ON 08-03-2023 Exhibit P7 : TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.H1-3738/23(4) ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 2ND PETITIONER ON 08-03-2023 Exhibit P8 TRUE COPY OF THE COMMON INTERIM ORDER DATED 15-09-2021 IN WRIT PETITION NO.19073 /2021 AND CONNECTED CASES Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT DATED 13-10-2021 IN WRIT PETITION NO.19147/2021 Exhibit P10 TRUE COPY OF THE NOTICE NO.1- 17942/2020 DATED 18/04/2023 ISSUED BY THE MUNICIPALITY 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 30 : RESPONDENTS' EXHIBITS:
Exhibit-R(3)(a) TRUE COPY OF THE ORDER DATED 22.04.1982 ISSUED BY THE GOVERNMENT IN G.O(MS) NO. 14/82/LBR Exhibit-R(3)(b) TRUE COPY OF THE JUDGMENT DATED 15.09.2022 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 1024 OF 2022 Exhibit-R(3)(c) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM TO PROPOSED ADDITIONAL RESPONDENT NO. 4 Exhibit-R(3)(d) TRUE COPY OF THE RESOLUTION DATED 13.04.2023 IN AGENDA NO. H-17942/20 ADOPTED BY RESPONDENT NO. 1 MUNICIPALITY Exhibit-R(3)(e) TRUE COPY OF THE COMMUNICATION DATED 13.12.2022 ISSUED BY THE DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM ALONG WITH RELEVANT PORTIONS OF THE LIST Exhibit-R(3)(f) TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 ISSUED BY RESPONDENT NO. 2 TO PROPOSED ADDITIONAL RESPONDENT NO. 3 DATED 18.04.2023 IN H1-17942/2020 Exhibit-R(3)(g) TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 IN H1-17942/2020 ISSUED BY RESPONDENT NO. 2 TO PROPOSED ADDITIONAL RESPONDENT NO. 4 RESPONDENTS' EXHIBITS:
Exhibit R1(a) True copy of consolidated Mark List of Interview held on 10/05/2023 for the appointment of Substitute Sanitation Workers in Manjeri Municipality 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 31 : APPENDIX OF WP(C) 15146/2023 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.G1-9806/2002 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 1ST PETITIONER ON 24-12-2022 Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.G1-9806/2002 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 2ND PETITIONER ON 24-12-2022 Exhibit P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE NO.G7-1810/2013 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE 3RD PETITIONER ON 11-04-2023 Exhibit P4 TRUE COPY OF THE NOTICE NO.1- 17942/2020 DATED 18/04/2023 ISSUED BY THE MUNICIPALITY RESPONDENTS' EXHIBITS:
Exhibit-R(3)(a) TRUE COPY OF THE ORDER DATED 22.04.1982 ISSUED BY THE GOVERNMENT IN G.O(MS) NO. 14/82/LBR WITH TYPED COPY Exhibit-R(3)(b) TRUE COPY OF THE JUDGMENT DATED 15.09.2022 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 1024 OF 2022 Exhibit-R(3)(c) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM TO PROPOSED ADDITIONAL RESPONDENT NO. 4 Exhibit-R(3)(d) TRUE COPY OF THE RESOLUTION DATED 13.04.2023 IN AGENDA NO. H-17942/20 ADOPTED BY RESPONDENT NO. 1 MUNICIPALITY Exhibit-R(3)(e) TRUE COPY OF THE COMMUNICATION DATED 13.12.2022 ISSUED BY THE DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM ALONG WITH RELEVANT PORTIONS OF THE LIST Exhibit-R(3)(f) TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 ISSUED BY RESPONDENT NO. 2 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 32 : TO PROPOSED ADDITIONAL RESPONDENT NO. 3 DATED 18.04.2023 IN H1-17942/2020 Exhibit-R(3)(g) TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 IN H1-17942/2020 ISSUED BY RESPONDENT NO. 2 TO PROPOSED ADDITIONAL RESPONDENT NO. 4 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 33 : APPENDIX OF WP(C) 15500/2023 PETITIONERS' EXHIBITS:
Exhibit-P1 TRUE COPY OF THE ORDER DATED 22.04.1982 ISSUED BY THE GOVERNMENT IN G.O(MS) NO. 14/82/LBR Exhibit-P2 TRUE COPY OF THE JUDGMENT DATED 15.09.2022 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 1024 OF 2022 Exhibit-P3 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE DISTRICT EMPLOYMENT EXCHANGE, MALAPPURAM TO PETITIONER NO. 2 Exhibit-P4 TRUE COPY OF THE RESOLUTION DATED 13.04.2023 IN AGENDA NO. H-17942/20 ADOPTED BY RESPONDENT NO. 3 MUNICIPALITY Exhibit-P5 TRUE COPY OF THE COMMUNICATION DATED 13.12.2022 ISSUED BY RESPONDENT NO. 4 TO RESPONDENT NO. 3 Exhibit-P6 TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 ISSUED BY RESPONDENT NO. 4 TO PETITIONER NO. 1 DATED 18.04.2023 IN H1-17942/2020 Exhibit-P7 TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 IN H1-17942/2020 ISSUED BY RESPONDENT NO. 3 TO PETITIONER NO. 2 RESPONDENTS' EXHIBITS:
Exhibit R5(a) True copy of the interim order dated 05.05.2023 in WPC No. 15142/2023 of this Honourable Court Exhibit R5(b) True copy of the interim order dated 05.05.2023 in WPC No.15146/2023 2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 34 : APPENDIX OF WP(C) 37605/2024 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE ENROLMENT DETAILS OF THE PETITIONER IN EMPLOYEES' PROVIDENT FUND ORGANIZATION, INDIA TAKEN PRINTOUT FROM THE WEBSITE DATED 04.10.2024 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE MEETING MINUTES OF THE 6TH RESPONDENT MUNICIPAL COUNCIL DATED 03.10.2015 Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) 6567/2018 DATED 01.07.2024 Exhibit P4 A TRUE COPY OF THE SENIORITY LIST PREPARED WITH REGARD TO THE NAME AND DETAILS OF THE CONTINGENT WORKERS WHO HAVE BEEN WORKING UNDER THE 4TH RESPONDENT MUNICIPALITY FOR MORE THAN TEN YEARS FORWARDED BY THE 5TH RESPONDENT TO THE OFFICE OF THE 3RD RESPONDENT ALONG WITH THE COVERING LETTER DATED 24.09.2020 Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 05.10.2024 RESPONDENTS' EXHIBITS:
Exhibit-R4(A) A TRUE COPY OF THE G.O NO:1167/2013/LSGD DATED 27-4-2013 Exhibit-R4(B) A TRUE COPY OF THE LETTER BEARING NO.
LSGD /PD/26719/2024 -DEF4 DATED 17-10- 2024 Exhibit-R4(C) A TRUE COPY OF THE LETTER DATED BEARING NO:LSGD/JD/EKM/6652/2024-ET DATED 22-10-2024.
2025:KER:86480 W.P.(C) No.15142/2023 & connected cases : 35 : APPENDIX OF WP(C) 20483/2025 PETITIONERS' EXHIBITS:
Exhibit P1 A TRUE COPY OF THE ORDER DATED 22.04.1982 ISSUED BY THE GOVERNMENT IN G.O(MS) NO. 14/82/LBR Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 15.09.2022 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 1024 OF 2022 Exhibit P3 A TRUE COPY OF THE RESOLUTION DATED 13.04.2023 IN AGENDA NO. H-17942/20 ADOPTED BY RESPONDENT NO. 3 MUNICIPALITY Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 13.12.2022 ISSUED BY RESPONDENT NO. 4 TO RESPONDENT NO. 3 Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 ISSUED BY RESPONDENT NO. 3 TO PETITIONER NO. 1 DATED 18.04.2023 IN H1-17942/2020 Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 18.04.2023 IN H1-17942/2020 ISSUED BY RESPONDENT NO. 3 TO PETITIONER NO. 2 Exhibit P7 A TRUE COPY OF THE ORDER DATED 12.05.2023 IN WP(C) NO. 15500/2023 Exhibit P8 A TRUE COPY OF THE RANK LIST DATED 10.05.2023 AS PRODUCED BY THE MUNICIPALITY IN WP(C) NO.15142/2023 Exhibit P9 A TRUE COPY OF THE ORDER DATED 14.11.2024 IN WP(C) NO. 15500/2023 OF THIS HON'BLE COURT