IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28911 of 2008(P)
1. SHAJAN, S/O.SAMUEL, PARAVILA
... Petitioner
2. JAYAN.P., THENGUMTHARAYIL VEEDU,
3. RAJAN, KOCHUVEEDU, ARAMPUNNA,
4. N.VIKRAMAN, PARAVILA VEEDU,
5. BIJU.S., EDATHANNIL KAVUVILA VEEDU,
6. SINDHULAL, S/O.MADHAVAN, MARUMAN,
Vs
1. THE PUNALUR MUNICIPALITY, MUNICIPAL
... Respondent
2. THE CHAIRMAN, PUNALUR MUNICIPALITY,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent :SRI.B.KRISHNA MANI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/07/2009
O R D E R
S.SIRI JAGAN, J.
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W.P.(C). No.28911/2008-P
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Dated this the 14th day of July, 2009
J U D G M E N T
The petitioners claim to be working as Sanitary Workers in
Punalur Municipality for the last four years. According to them, the
available Sanitary Workers are much less than the personnel
required for the purpose. Petitioners claim to be fairly experienced in
the work and they claim to be sincere in their work. But now they are
threatened with disengagement for accommodating persons
recruited through Employment Exchange. It is in the above
circumstances, the petitioners have filed the writ petition seeking the
following reliefs:-
i. Issue a writ of mandamus or other appropriate writ order
or direction directing the respondents to continue with
the service of the petitioners.
ii. Such other reliefs which this Court deems fit and
necessary in the circumstances of the case and the
costs of this case.
2. I have heard the counsel for the petitioner and the
counsel for the respondents.
3. Admittedly, the petitioners have not undergone any
selection process while being engaged as Sanitary Workers in the
W.P.(C). No.28911/2008
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Punalur Municipality. As such, they have no right to continue to be
engaged as a matter of right either provisionally or regularly. In fact,
their continuance itself is a violation of the fundamental rights of
many others who are also equally eligible to be considered for
appointment to the said posts. That being so, it is the duty of the
respondents to make regular selection of Sanitary Workers as
expeditiously as possible, after conducting selection in accordance
with the accepted procedure for the same. It would be open to the
petitioners also to apply pursuant to the same. However, I do not
think that the petitioners can as of now claim to continue to be
engaged as Sanitary Workers as before. Therefore, I do not find any
merit in the writ petition and, accordingly, the same is dismissed.
(S.SIRI JAGAN, JUDGE)
ms