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2025:KER:86480 W.P.(C) No.15142/2023 & connected cases

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.

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 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.

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 Exchange candidates were called for interview, the daily wage Sanitation Workers approached this Court seeking regularisation of their services.

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 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.