Kerala High Court
Sobha B S vs State Of Kerala on 6 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:60
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 28484 OF 2025
PETITIONERS:
1 SOBHA B S
AGED 51 YEARS
W/O. LATE AJI R, SOPANAM,
KURAKKADA PO, ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695104
2 SHIBU S
AGED 48 YEARS
S/O. M. SATHYAN (LATE),
PARAMBIL KUNNU VEEDU,
VILABHAGOM, NEDUNGANDA PO,
THIRUVANANTHAPURAM, PIN - 695307
3 NEVIL B S
AGED 26 YEARS
S/O. Y. BYJU, BLOCK NO.7,
SAKTHIPURAM, SASTHAVATTOM PO,
TRIVANDRUM, PIN - 695305
4 ANVARDHEEN A
AGED 51 YEARS
S/O. ABTHUL KHALAM, QAMLAMANZIL,
NEDUNGANDA PO, KADAKKAVOOR,
TRIVANDRUM, PIN - 695307
BY ADVS.
SRI.P.CHANDRASEKHAR
SRI. ANOOP KRISHNA
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W.P.(C) No.28484/2025
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SRI.C.RAMAN
SRI.ANAND SANKAR
SMT.FARHANA KABEER
SMT.JENNY THANKAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 UNDER SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 VARKALA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
OFFICE OF MUNICIPALITY OF VARKALA,
VARKALA, PO, THIRUVANANTHAPURAM,
KERALA, PIN - 695141
4 THE SECRETARY
VARKALA MUNICIPAL OFFICE,
VARKALA MUNICIPALITY, VARKALA PO,
THIRUVANANTHAPURAM, KERALA,
PIN - 695141
5 DIRECTOR OF URBAN AFFAIRS
SURAJ BHAVAN, NANDANKODE, KOWDIAR PO,
THIRUVANANTHAPURAM, PIN - 695003
BY ADVS.
SRI.SIJU KAMALASANAN, STANDING COUNSEL
SRI. PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD 14.11.2025, THE COURT ON 06.01.2026 DELIVERED THE
FOLLOWING:
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W.P.(C) No.28484/2025
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N. NAGARESH, J.
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W.P.(C) No.28484 of 2025
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Dated this the 6th day of January, 2026
JUDGMENT
~~~~~~~~~ The petitioners, who are applicants for appointment to the post of Contingent Workers in Varkala Municipality, seek to direct the respondents to continue to allow the petitioner to work as Contingent Workers in the available vacancies.
2. The petitioners state that the Varkala Municipality sought for sponsoring candidates from the Employment Exchange, Attingal for appointment to the post of Contingent Workers in the Municipality. The petitioners were interviewed for appointment to the post. When 2026:KER:60 W.P.(C) No.28484/2025 :4: persons, who have been appointed on daily wage basis as Contingent Workers, filed W.P.(C) No.17022/2019, the Municipality submitted before this Court that they have already prepared a rank list of Sanitation Workers. The writ petition was closed as per Ext.P2 judgment.
3. The petitioners state that no action was taken by the Municipality to appoint the petitioners who were the rank holders in the select list. The 1st petitioner hence filed W.P.(C) No.22142/2021. This Court, as per Ext.P4 judgment, directed the Varkala Municipality to take a final decision in the next Municipal Council meeting. The Municipality, however, decided not to appoint anybody from Ext.P1 rank list and decided to cancel Ext.P1 rank list.
4. The 4th respondent-Secretary to Municipality did not agree with the decision of the Municipality. The 4th respondent referred the matter to the Municipal Director as per Ext.P5 letter. The petitioners submit that meritorious rank holders are denied appointment solely for 2026:KER:60 W.P.(C) No.28484/2025 :5: accommodating daily wage workers.
5. The 1st petitioner filed W.P.(C) No.9397/2022 challenging the decision of the Municipal Council to cancel Ext.P1 rank list. The 1st petitioner also filed W.P.(C) No.13580/2022 challenging Ext.P6 decision of the Municipal Council. By Ext.P7 common judgment dated 12.10.2022, this Court directed the Government to take a decision on the reference made by the Secretary of the Municipality. The Government has not passed any order on the reference made by the 4th respondent. In the meanwhile, the 1st petitioner has been accommodated in one of the existing vacancies as Contingent Worker. However, petitioners 2 to 4 were not granted such temporary appointments. Pursuant to Ext.P8 judgment in W.P.(C) No.2862/2023, petitioners 2 to 4 were granted appointment and the writ petition was closed.
6. On 05.07.2025, as per Ext.P10 order, the 2nd respondent-Under Secretary rejected the reference made 2026:KER:60 W.P.(C) No.28484/2025 :6: by the Secretary. The petitioners submit that Ext.P10 was passed without hearing the petitioners. Ext.P10 order has been passed mechanically and without application of mind. The decision of the Varkala Municipality to cancel Ext.P1 is unlawful, contended the petitioners.
7. Respondents 3 and 4 filed counter affidavit. Respondents 3 and 4 submitted that there were 10 vacancies of Contingent Workers and hence Secretary requested for a list of persons eligible for appointment, from the Employment Exchange, in November, 2018. The Employment Exchange provided a list of 87 candidates. The Municipality decided to constitute an Interview Board.
8. The workers in the CLR list in the Municipality then filed W.P.(C) No.17022/2019. Consequent to the interim order in the said writ petition, 24 CLR workers were also included in the selection process. Interview was conducted on 26.06.2019. On 20.11.2020, a draft ranked list was prepared. In the meanwhile, a new Municipal Council 2026:KER:60 W.P.(C) No.28484/2025 :7: took charge on 04.01.2021. There was difference of opinion in the Steering Committee meeting regarding approval of the draft rank list. By a majority decision on 23.12.2021, the Municipal Council decided to cancel the rank list and to initiate fresh selection process, as per Ext.P6.
9. The Secretary sent Ext.P5 letter to the 5th respondent-Director of Urban Affairs seeking clarification in the matter. This Court directed the Government to consider and dispose of the issue on merits. The Government thereupon passed Ext.P10 order dated 05.07.2025 approving cancellation of the rank list.
10. As the Government decided to cancel the draft rank list, the Secretary by order dated 28.07.2025 decided to terminate temporary engagement of the petitioners as Sanitation Workers, as per Ext.R3(a). The writ petition is without any merit and is liable to be dismissed, urged respondents 3 and 4.
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11. I have heard the learned counsel for the petitioners, the learned Senior Government Pleader representing respondents 1, 2 and 5 and the learned Standing Counsel representing respondents 3 and 4.
12. The petitioners are candidates sponsored by the Employment Exchange for recruitment to the post of Contingent Workers in Varkala Municipality. There were 10 vacancies of Contingent Workers and the Municipality requested the Employment Exchange to sponsor candidates. The proceedings were initiated in November, 2018. The Employment Exchange provided a list of 87 candidates on 15.05.2019. When the Council decided to constitute an interview board on 11.06.2019, temporary workers in CLR list working in the Municipality filed W.P.(C) No.17022/2019. Pursuant to the interim orders of this Court, the 24 CLR workers were also included in the selection process.
13. Even though an interview was conducted and a draft rank list was drawn on 20.11.2021, due to the 2026:KER:60 W.P.(C) No.28484/2025 :9: Code of Conduct implemented by the State Election in connection with elections to the Local Self Government Institutions, no decision could be taken on the draft rank list. The new Municipal Council met on 05.02.2021 adjourned their decision on the draft rank list. On 23.12.2021, by Ext.P6 order, the Council decided to cancel the draft rank list and to resort to fresh selection process.
14. Ext.P6 minutes of the Municipal Council meeting held on 23.12.2021 would show that the issue was subjected to detailed deliberations and the Municipal Council has taken a final decision to cancel the rank list. Though the Secretary to the Municipality took a stand that the decision is illegal and referred the matter to the Government, the Government as per Ext.P10 order came to the conclusion that since the Local Self Government Institutions are the appointing authorities in respect of posts in the contingent service, the majority opinion of the Municipal Council should prevail.
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15. Taking note of the fact that the selection process was initiated in the year 2018 and more than seven years have lapsed since, I am of the view that the decision taken by the Municipal Council as per Ext.P6, as approved by the Government as per Ext.P10, is amply justified. In the facts of the case, it would be only appropriate that the Municipality resort to fresh selection proceedings.
16. At the same time, it has to be kept in mind that the petitioners are candidates who are nominated by the Employment Exchange and they were waiting for employment for a long period. The delay in making selection should not adversely affect their chances for being considered for selection and appointment to contingent posts.
In the circumstances, while upholding Exts.P6 and P10 decisions of the Municipality and the Government, the writ petition is disposed of directing that as and when the Municipality initiates fresh selection 2026:KER:60 W.P.(C) No.28484/2025 : 11 : proceedings, the petitioners shall also be considered for selection and appointment and they should be given age relaxation appropriately, in view of their Employment Exchange sponsorship and of the long delay in concluding selection proceedings initiated in the year 2018.
Sd/-
N. NAGARESH, JUDGE aks/29.12.2025 2026:KER:60 W.P.(C) No.28484/2025 : 12 : APPENDIX OF WP(C) NO. 28484 OF 2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE RANK LIST OF CANDIDATES WHO WERE INTERVIEWED FOR APPOINTMENT TO THE POST OF CONTINGENT WORKERS OF THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF JUDGMENT DATED 27.02.2020 IN W.P.(C) NO.17022 OF 2019 Exhibit P3 A TRUE COPY OF THE LETTER DATED 16.08.2021 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 16.11.2021 IN WP(C) NO. 22142 OF 2021 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE LETTER DATED 29.01.2022 OF THE 4TH RESPONDENT TO THE MUNICIPAL DIRECTOR, MUNICIPAL DIRECTORATE, THIRUVANANTHAPURAM ALONG WITH TYPED COPY Exhibit P6 A TRUE COPY OF THE DECISION DATED 23.12.2021 IN AGENDA NO. 17 OF THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 12.10.2022 IN WP(C) NO. 9397 OF 2022 AND WP(C) NO. 13580 OF 2022 Exhibit P8 A TRUE COPY OF THE ORDER DATED 27.02.2024 IN WP(C) NO. 2862 OF 2023 ON THE FILE OF THIS HONOURABLE COURT Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 26.06.2024 IN WP(C) NO. 2862 OF 2023 Exhibit P10 A TRUE COPY OF THE ORDER DATED 05.07.2025 OF THE 2ND RESPONDENT RESPONDENT'S EXHIBIT Exhibit.R3(a) THE COPY OF ORDER DATED 28.7.2025 VIDE NO.3368667-2025 ISSUED BY THE 3RD RESPONDENT