Kerala High Court
Binu.A vs Palakkad Municipality on 3 November, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:82813
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 26468 OF 2025
PETITIONERS:
1 BINU.A
AGED 42 YEARS
S/O.APPUKUTTAN BINU VIHAR,
AMBALAKKAD KALLEPPULLI P
ALAKKAD DISTRICT, PIN - 678005
2 MANIKANTAN V
AGED 35 YEARS
S/O.VEMBULAN
MADURAIVEERAN COLONY
SANKUVARTHODU KALPATHI PO
PALAKKAD, PIN - 678003
3 GANESAN B
AGED 42 YEARS
S/O.BALAKRISHNAN
5/809 SIVANANDAPURAM COLONY
AMBIKAPURAM, PALAKKAD, PIN - 678011
4 MANIKANTAN S
AGED 38 YEARS
S/O.SANKARAN
KANNAMPERIYARAM KODUMBU PO,
PALAKKAD, PIN - 678551
5 SIVARAJ R
AGED 35 YEARS
S/O.RAJU 784/1
KRISHNA KRIPA
SELVAPALAYAM, PALAKKAD, PIN - 678001
2025:KER:82813
WP(C) No.26468 of 2025
2
BY ADV SRI.K.MOHANAKANNAN
RESPONDENTS:
1 PALAKKAD MUNICIPALITY
SANTHI NAGAR, KUNNATHURMEDU,
PALAKKAD, REPRESENTED BY ITS SECRETARY,
PIN - 678001
2 THE SECRETARY
PALAKKAD MUNICIPALITY, SANTHI NAGAR,
KUNNATHURMEDU, PALAKKAD,
PIN - 678001
3 PALAKKAD MUNICIPAL COUNCIL
SANTHI NAGAR, KUNNATHURMEDU,
PALAKKAD,
REPRESENTED BY ITS CHAIRPERSON,
PIN - 678001
BY ADV
SRI.BINOY VASUDEVAN,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:82813
WP(C) No.26468 of 2025
3
JUDGMENT
Dated this the 3rd day of November, 2025 The petitioners are Sanitation Workers working under the Palakkad Municipality. They are included in the Daily Labour Rolls (DLR) list published in the year 2017. Such a list was published pursuant to the directions of this Court, contend the petitioners. A seniority list of DLR Workers was published in February, 2025. This is evident from Ext.P1.
2. The petitioners state that pursuant to the directions of this Court, in the judgment in W.P.(C) No.36208/2023, persons included upto rank No.60 in the seniority list were regularised in service, as can be seen from Ext.P3. The petitioners herein are ranked at serial Nos.65 to 69.
3. The petitioners pointed out that it is evident from Ext.P4 information provided by the Palakkad Municipality on 14.08.2025 that there are 12 more vacancies of contingent 2025:KER:82813 WP(C) No.26468 of 2025 4 employees in the Municipality. If that be so, the petitioners are also entitled to get the benefits as extended as per Ext.P3 and the benefit of regularisation, contend the petitioners.
4. Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel denied all the material allegations made by the petitioners in the writ petition. It is submitted that the regularisation is not a right of the petitioners in view of the law laid down by the Hon'ble Apex Court in Secretary, State of Karnatka and others v. Umadevi and others [(2006) 4 SCC 1] and the petitioners cannot maintain a writ petition for regularisation.
5. Depending upon the long service rendered by Sanitation Workers, the Municipality has appointed certain Sanitation Workers on temporary basis as per Ext.P3. It is made clear in Ext.P3 that such appointment will be subject to the decisions that may be rendered by this Court in various related writ petitions. As the petitioners cannot as of right 2025:KER:82813 WP(C) No.26468 of 2025 5 insist for orders of regularisation, the writ petition is not maintainable, contended the Standing Counsel.
6. I have heard the learned counsel for the petitioners and the learned Standing Counsel representing the respondents.
7. The petitioners, who are working as DLR Sanitation Workers, have approached this Court seeking to direct the respondents to regularise the service of the petitioners as Sanitation Workers in terms of their seniority in Ext.P1 within a time frame to be fixed by this Court. Ext.P1 is the seniority list of DLR Workers, who may be appointed as per Court Order. In the Ranklist, the petitioners are serial Nos.65 to 69. It is not disputed that eligible candidates from serial Nos.1 to 60 have been granted temporary appointment, as can be seen from Ext.P3 order dated 24.02.2025 of the Palakkad Municipality.
8. Ext.P4 information provided by the State Public Information Officer, Palakkad Municipality would show that 2025:KER:82813 WP(C) No.26468 of 2025 6 there are 12 more vacancies of contingent employees under the Municipality. If that be so, the Municipality can definitely consider the case of the petitioners' also for temporary appointment / regularisation.
In the afore facts of the case, the writ petition is disposed of directing respondents 1 and 2 to consider the case of the petitioners for appointment on temporary basis, as has been granted to other senior candidates in the seniority list as per Ext.P3. Necessary decision shall be taken within a period of two months, after giving an opportunity of hearing to one of the representatives of the petitioners.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:82813 WP(C) No.26468 of 2025 7 APPENDIX OF WP(C) 26468/2025 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE SENIORITY LIST OF DLR WORKERS PUBLISHED BY THE MUNICIPALITY. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 26-3- 2024 IN WRIT PETITION(C) NO.36208/2023 THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF THE ORDER NO.H2-52809/18
DATED 24-2-2025 ISSUED BY THE
SECRETARY
Exhibit P4 TRUE COPY OF THE COMMUNICATION SENT BY
THE PUBLIC INFORMATION OFFICER TO
AKHIL S DATED 14.08.2025.