Kerala High Court
Sindhu K.K vs The State Of Kerala on 12 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:13265
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
WP(C) NO. 22076 OF 2025
PETITIONERS:
1 SINDHU K.K
AGED 47 YEARS, W/O REGHUNATHAN K.,
KALLYAYYATHU (H), THONNALLOOR,
PANDALAM P.O & VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689501.
2 SURESH BABU P.S
AGED 52 YEARS, S/O SREEDHARAN,
PANDINJATTETHIL VADAKKETHIL (H),
CHERICKAL, MUDIYOORKONAM P.O,
PANDALAM VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689501.
3 SUNITHADEVI G
AGED 49 YEARS, W/O P.T. PRASAD,
ATHULYA BHAVANAM, CHERICKAL,
MUDIYOORKONAM P.O, PANDALAM VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689501.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.SAMEER M NAIR
SRI.A.C.EAPEN
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SMT.MINZA FATHIMA SALIM M.
W.P.(C)Nos.22076 & 46256 of 2025
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RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF-GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 PRINCIPAL DIRECTOR
PRINCIPAL DIRECTORATE, LOCAL SELF-GOVERNMENT
DEPARTMENT, SWARAJ BHAVAN, 5TH FLOOR,
NANTHANCODE, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN - 695003.
3 THE DEPUTY DIRECTOR
LOCAL SELF-GOVERNMENT DEPARTMENT,
OFFICE OF JOINT DIRECTOR,
PATHANAMTHITTA, PIN - 689645.
4 THE MUNICIPALITY OF PANDALAM
OFFICE OF MUNICIPALITY OF PANDALAM,
PANDALAM P.O, PATHANAMTHITTA
REPRESENTED BY ITS SECRETARY,
PIN - 689501.
5 THE MUNICIPAL COUNCIL
THE MUNICIPALITY OF PANDALAM,
OFFICE OF MUNICIPALITY OF PANDALAM,
PANDALAM P.O, PATHANAMTHITTA,
REPRESENTED BY SECRETARY, PIN - 689501.
6 THE SECRETARY
THE MUNICIPALITY OF PANDALAM,
OFFICE OF MUNICIPALITY OF PANDALAM,
PANDALAM P.O, PATHANAMTHITTA,
REPRESENTED BY SECRETARY, PIN - 689501.
W.P.(C)Nos.22076 & 46256 of 2025
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ADDL.R7 THE SECRETARY,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
[ADDITIONAL 7TH RESPONDENT IS SUO MOTU
IMPLEADED AS PER ORDER DATED 28.07.2025 IN
WP(C) NO.22076/2025.]
BY ADVS.
SRI.PREMCHAND R NAIR, SR.GOVERNMENT PLEADER
SMT.T.S.MAYA (THIYADIL)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 12.02.2026, ALONG WITH WP(C).46256/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.22076 & 46256 of 2025
:4:
2026:KER:13265
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
WP(C) NO. 46256 OF 2025
PETITIONERS:
1 MINI
AGED 50 YEARS, W/O. LATE VIJAYAN KADAMANKOTT,
MELETHIL, KOORAMPALA SOUTH, PANDALAM,
PATHANAMTHITTA, PIN - 689501.
2 AMBILI
AGED 43 YEARS, W/O. SAINUDHIN,
POOLAYIL, MUDIYOORKONAM, PANDALAM,
PATHANAMTHITTA, PIN - 689501.
3 SUMA
AGED 49 YEARS, W/O. MANIKUTTAN ,
POIKAKUTTIYIL, POOZHIKKAD,
PATHANAMTHITTA, PIN - 689515.
4 SHYLAJA M
AGED 53 YEARS, VILAYIL,
VISHNU BHAVAN, POOZHIKKAD,
PATHANAMTHITTA, PIN - 689515.
5 USHA
AGED 51 YEARS, W/O.OMANAKUTTAN,
MANATHARAYIL, POOZHIKKAD,
PATHANAMTHITTA, PIN - 689515.
W.P.(C)Nos.22076 & 46256 of 2025
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BY ADVS.
SRI.K.MOHANAKANNAN
SRI.ADARSH MOHAN K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT SWARAJ
BHAVAN, GROUND FLOOR, NANTHANCODU,
KOWDIAR.P.O, THIRUVANANTHAPURAM,
PIN - 695003.
2 PRINCIPAL DIRECTOR
LSGD, SWARAJ BHAVAN, GROUND FLOOR,
NANTHANCODU, KOWDIAR.P.O,
THIRUVANANTHAPURAM, PIN - 695003.
3 THE JOINT DIRECTOR
LSGD, DISTRICT PANCHAYAT OFFICE,
PATHANAMTHITTA,, PIN - 689645.
4 PANDALAM MUNICIPALITY
MUNCIPALITY OFFICE, PANDALAM
REPRESENTED BY ITS SECRETARY,
PIN - 689501.
BY ADVS.
SRI. PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
SMT. T.S. MAYA, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 12.02.2026, ALONG WITH WP(C).22076/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.22076 & 46256 of 2025
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2026:KER:13265
JUDGMENT
Dated this the 12th day of February, 2026 [W.P.(C) Nos. 22076 and 46256 of 2025] The petitioners, who are working as Sanitation Workers on daily wage basis under the Pandalam Municipality, have filed these writ petitions seeking to direct respondents 1 and 2 to take a decision upon Ext.P4 resolution of the Municipality within a time frame and to quash Ext.P7. The petitioners also seek to declare that Clause Nos.6 to 8 of Ext.P6 Government Orders are not applicable to employees under the Local Self Government Institutions in view of Sections 222 to 224 of the Kerala Municipality Act.
W.P.(C)Nos.22076 & 46256 of 2025 :7: 2026:KER:13265
2. Both these writ petitions relate to same set of facts and are heard together and disposed of by a common judgment. The parties and exhibits are referred to in this judgment as they are described / marked in W.P.(C) No.22076 of 2025 unless otherwise specified, for convenience.
3. Standing Counsel representing the Municipality entered appearance and resisted the writ petition. The Standing Counsel submitted that though the Municipality had taken Ext.P2 decision, in view of Ext.P6 Government Order, the Municipality is bound to insist that an agreement is signed by the employees like the petitioners.
4. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that the Government has already taken a W.P.(C)Nos.22076 & 46256 of 2025 :8: 2026:KER:13265 decision that the Government may place any person who has worked continuously for 10 years or more on a contract for three years at a time. It has the opinion that such conversion is essential and is in public interest, after verifying that the performance, character and conduct of the person is excellent. However, no person working on daily wages or as casual worker will have any right or claim to be considered for appointment on contract basis and such appointment is solely at the discretion of the Government.
5. The petitioners would point out that similar claims for regularisation in respect of Punalur Municipality have been approved by the Government and permission was granted for regularisation of similarly situated Sanitation Workers as can be seen from Ext.P5.
6. I have heard the learned Counsel for the petitioners in both the writ petitions, the learned W.P.(C)Nos.22076 & 46256 of 2025 :9: 2026:KER:13265 Government Pleader appearing for respondents 1 to 3 and the additional 7th respondent and the learned Standing Counsel appearing for respondents 4 to 6.
7. It is not disputed that the petitioners have been working as Sanitation Workers under the Pandalam Municipality for long years. Taking into consideration the long years service rendered by the petitioners and the requirements of the Municipality in the sanitation work, the Municipality has taken a decision to regularise the appointment of the petitioners. The said decision was communicated to the Government as per Ext.P2 letter dated 15.07.2023.
8. The grievance of the petitioner is that while Exts.P2 and P4 decisions were under process, the Government issued Ext.P6 Government Order dated 19.04.2025 insisting that for further appointment on contract W.P.(C)Nos.22076 & 46256 of 2025 :10: 2026:KER:13265 basis or daily wage basis, an affidavit should be obtained from the employment seekers undertaking that they will not claim permanent appointment in those posts in future. Based on Ext.P6 Government Order dated 19.04.2025, the Municipality is insisting the petitioners to enter into an agreement waiving their right for regularisation.
9. It is to be noted that the Municipality is the appointing authority in respect of sanitation workers and the Municipality has absolute control over them. Taking into consideration the long years of service rendered by the petitioners including the service during the Covid-19 pandemic period and the requirements of the Municipality in the sanitation area, the Municipality has taken a decision to regularise the petitioners which decision was communicated to the Government for approval as per Ext.P2. A decision was taken on 11.03.2024 and was communicated to the W.P.(C)Nos.22076 & 46256 of 2025 :11: 2026:KER:13265 Principal Director, LSGD, Government of Kerala on 15.03.2024 as per Ext.P4(a). In the circumstances, the subsequent decision taken by the Government as per Ext.P6 Government Order shall not adversely affect the claims of the petitioners which are based on an earlier decision of the Municipality and which is pending consideration before the Government.
For the afore reason, the writ petitions are disposed of declaring that Ext.P6 Government Order and any affidavit that may be insisted by the Municipality for future appointment of the petitioners, shall not adversely affect Ext.P4 decision and Ext.P2 request submitted by the Municipality.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)Nos.22076 & 46256 of 2025 :12: 2026:KER:13265 APPENDIX OF WP(C) NO. 22076 OF 2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE VIDE NO.G1-1432/17 DATED 06.06.2023 ISSUED BY RESPONDENT NO.6-MUNICIPAL SECRETARY TO THE PETITIONER NO.1 Exhibit P1(a) THE TRUE COPY OF THE CERTIFICATE VIDE NO.G1-1432/17 DATED 06.06.2023 ISSUED BY RESPONDENT NO.6-MUNICIPAL SECRETARY TO THE PETITIONER NO.2 Exhibit P1(b) THE TRUE COPY OF THE CERTIFICATE VIDE NO.G1-1432/17 DATED 06.06.2023 ISSUED BY RESPONDENT NO.6-MUNICIPAL SECRETARY TO THE PETITIONER NO.3 Exhibit P2 THE TRUE COPY OF THE LETTER DATED 15.07.2023 ISSUED BY CHAIRPERSON OF THE RESPONDENT NO.4- MUNICIPALITY TO RESPONDENT NO.1 Exhibit P3 THE TRUE COPY OF THE LETTER NO.LSGD/JD/PTA/318/2023-B4 DATED 13.09.2023 ISSUED BY THE RESPONDENT NO.3 TO RESPONDENT NO.6-MUNICIPAL SECRETARY Exhibit P4 THE TRUE COPY OF THE DECISION NO.1 DATED 11.03.2024 TAKEN BY THE RESPONDENT NO.5-MUNICIPAL COUNCIL Exhibit P4(a) THE TRUE COPY OF THE COVERING LETTER NO.H1-23437/24 DATED 15.03.2024 ISSUED BY RESPONDENT NO.6-MUNICIPAL SECRETARY TO RESPONDENT NO.2 FORWARDING EXT.P4 Exhibit P5 THE TRUE COPY OF THE G.O(MS) NO.1410/2025/LSGD DATED 06.06.2025 ISSUED BY THE RESPONDENT NO.1 FOR REGULARIZING SANITATION WORKERS AT PUNALUR MUNICIPALITY W.P.(C)Nos.22076 & 46256 of 2025 :13: 2026:KER:13265 Exhibit P6 THE TRUE COPY OF THE G.O(P) NO.54/2025/FINANCE DATED 19.04.2025 Exhibit P7 THE TRUE COPY OF THE ORDER VIDE NO.G1-1413629 DATED 31.05.2025 ISSUED BY RESPONDENT NO.6-MUNICIPAL SECRETARY TO THE PETITIONERS AND OTHERS RESPONDENT EXHIBITS Exhibit R7(a) A TRUE COPY OF THE GOVERNMENT ORDER GO (P) NO. 28/2016/FIN DATED 26.02.2016.
Exhibit R7(b) A TRUE COPY OF THE CIRCULAR NO.
55/2022/FIN DATED 08.07.2022.
W.P.(C)Nos.22076 & 46256 of 2025 :14: 2026:KER:13265 APPENDIX OF WP(C) NO. 46256 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION OF THE MUNICIPALITY DATED 15-7-2023 TO THE 1 ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMMUNICATION SENT BY THE MUNICIPALITY TO THE 2 ND RESPONDENT DATED 15-3-2024 WITH DECISION DATED 11-3-2024