High Court Kerala High Court

P.X.Joseph vs The State Of Kerala on 14 February, 2007

Kerala High Court
P.X.Joseph vs The State Of Kerala on 14 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30168 of 2005(N)


1. P.X.JOSEPH, AGED 40, S/O.XAVIER,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE CORPORATION OF KOCHI, REPRESENTED BY

3. THE HEALTH OFFICER, CORPORATION OF KOCHI

4. THE SECRETARY, KALAMASSERY MUNICIPALITY,

                For Petitioner  :SRI.E.S.ASHRAF

                For Respondent  :SRI.P.K.BABU, SC, COCHIN CORPN.

The Hon'ble MR. Justice K.K.DENESAN

 Dated :14/02/2007

 O R D E R
                             K.K.DENESAN, J.

                    -----------------------------

                        WP(C)No. 30168 OF 2005

                    -----------------------------

                Dated this the 14th February, 2007.



                                 JUDGMENT

The facts as averred in the writ petition would go to

show that the petitioner had been working as CLR/substitute

worker under the Corporation of Kochi for the last more

than 17 years. Pursuant to Ext.P2 order issued by the

Government on 29.3.2001, the respondent-Corporation has

published Ext.P4 list which contains the names of CLR

workers/substitute workers who are entitled to be granted

the benefit of regularisation according to their turn.

Serial number allotted to the petitioner in Ext.P4 list is

301. It is averred in the writ petition that 97 employees

included in Ext.P4 list have been granted the benefit of

regularisation. This was done in 2005. Thereafter nothing

has been done by the respondent-Corporation. Unless the

benefit of regularisation is granted, persons like the

petitioner will not be able to avail service benefits

including terminal benefits on their retirement on

superannuation. It will also affect their right to receive

emoluments as are sanctioned for the regular establishment

post.

2. Counsel for the petitioner submits that Ext.P4

list, though contains the names of so many persons will

WPC 30168/2005 2

have to be short listed after deleting those who have died

during the currency of that list, those attained the age of

superannuation and those whose names are entered more than

once, as can be seen from that list itself. It is also

contended that when the names of such persons are removed

from Ext.P4 list, the chances of the petitioner for

regularisation will get accelerated, and having regard to

the work to be carried out by the Corporation utilising the

services of persons like the petitioner, he will become

entitled for the benefit of regularisation, immediately.

3. In this writ petition the reliefs prayed for by the

petitioner are the following:-

“i) to issue a writ of mandamus commanding

respondents 2 and 3 to regularise the service of

the petitioner forthwith.

ii) to issue any writ, order or direction

commanding the respondents 2 and 3 to ascertain

the number of vacancies of sanitation workers

available in the Corporation with reference to the

number of vacancies which were available at the

time when the Corporation was Municipality and

regularise the service of the petitioner.

iii) to issue a writ of mandamus or other

appropriate writ, order or direction commanding

respondents 2 and 3 to rectify the anomalies crept

in Ext.P4 list and issue a revised list with

relevant particulars such as date of commencement

of service etc.

iv) to declare that the petitioner is

entitled to get preference in the matter of

regularisation in view of the fact that he has got

valid registration with the Employment Exchange

since 1984 onwards.

WPC 30168/2005 3

v) to issue a writ of mandamus commanding the

respondents to pay equal pay as that of the

regularised employees of the same category in view

of the accepted principle of equal pay for equal

work and in the light of the decision rendered by

the Hon’ble Supreme Court.

vi) to issue a writ of mandamus commanding

the respondents to pay full wages to the

petitioner as that of the CLR employees in other

Municipalities/Corporation in the state including

arrears thereof forthwith.

vii) to issue any writ, order or direction

commanding the respondents to take appropriate

action on Exts.P6 and P7 within a time limit.

viii) to issue such other writ, order or

direction as this Hon’ble Court may deem fit and

proper in the circumstances of this case.”

4. Despite several chances given to the

respondent-Corporation, no counter affidavit has been

filed. At one point of time this Court was constrained to

pass interim orders finding that respondents 2 and 3 failed

to appear in person or through counsel. Subsequently, the

Secretary of the Corporation appeared in person and filed

an affidavit expressing his regret. However, nothing

useful has been done by the said respondent thereafter

also. This indifference continues. Today when the case

has been taken up for consideration, none appears for the

Corporation. I do not think it necessary to adjourn this

case again and again so as to suit the convenience of the

respondent-Corporation. The uncontroverted averments made

WPC 30168/2005 4

by the petitioner will have to be accepted as true and

reliable. I am convinced that interest of justice requires

that the following directions shall be given to the

respondent-Corporation:-

(1) The respondent-Corporation shall immediately take

up for consideration the need for deleting the names of

those whose names are repeated in Ext.P4 list, rather

duplicated.

(2) The respondent-Corporation shall also ascertain

the details of those who died before and after the

publication of Ext.P4 list and the names of those persons

removed from the list. Likewise, the names of those who

have already attained the age of superannuation also shall

be deleted from this list.

(3) After doing that exercise, a fresh list shall be

prepared by the Corporation in tune with the directions

issued by the Government in Ext.P2 order within a maximum

period of two months from the date of receipt of a copy of

the judgment.

(4) The right of the petitioner to be regularised

shall be taken up depending upon the seniority assigned to

him in that list. If it is found that the services of

persons who are yet to be granted the benefit of

regularisation are required by the Corporation, such

WPC 30168/2005 5

persons shall be given employment according to their

seniority as will be reflected from the fresh list and they

shall also be granted the benefit of regularisation in

terms of Ext.P2 G.O.

(5) The entire exercise shall be completed within

four months from the date of receipt of a copy of the

judgment.

Writ petition is allowed as above.

K.K.DENESAN

Judge

jj