The High Court directed the Secretary, Social Welfare Department to consider representations of ICDS supervisors for regularization in light of a previous order regularizing similar colleagues, and to decide within 6 weeks.
Directed the 1st respondent to pass orders on the petitioners' representations for regularization within 6 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932
WP(C).No. 3857 of 2010(F) -------------------------------------
PETITIONERS:
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1. SHYLAJAKUMARI P.G., PUSHPA VILASOM, POOPADI P.O., SULTHANBATHERY, WAYANAD DISTRICT. (SUPERVISOR, ICDS PROJECT, SULTHANBATHERY).
2. LUCY M.K., METHIPARAYIL HOUSE, NENMENI, SULTHANBATHERY, WAYANAD DISTRICT. (SUPERVISOR, ICDS PROJECT, SULTHANBATHERY).
3. NISHA P., VALLATHIL HOUSE, KADACHIRA P.O., KANNUR DISTRICT, (SUPERVISOR, ICDS PROJECT, IRIKKUR).
4. T.SANTHI, CHULLIVAYAL HOUSE, KALLAYI P.O., KOZHIKODE DIST. (SUPERVISOR, ICDS PROJECT, KALPETTA).
5. HASEENA K.K.,
6. JASMIN C.T.P.,
7. SAFIA T., THURUSIKKAL HOUSE, CHERUSSERY P.O., KOZHIKODE. (SUPERVISOR, ICDS PROJECT, KALPETTA).
8. MINI PILAKKATTU, CHIRAYIL HOUSE, ARIYALLOOR P.O., MALAPPURAM DIST. (SUPERVISOR, ICDS PROJECT, KASARAGOD).
9. BINDU T.M.,
10. B.H.SALINA,
BEEYATHIL HOUSE, KALLEKKADU P.O., PALAKKAD DIST. (SUPERVISOR, ICDS PROJECT, PALAKKAD).
W.P.(C). NO.3857/2010-F:
11. PRABHA GANDHI V., THADUVILA PUTHEN VEEDU, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM. (SUPERVISOR, ICDS PROJECT, MANJESWARAM).
12. BINDU C.S., CHEMBAKASSERY HOUSE, NALUKETTU P.O., KORATTY, THRISSUR. (SUPERVISOR, ICDS PROJECT, MANJESWARAM).
13. MEERA JAYAPRAKASH, HOUSE NO.77, LAKSHMI, ANJALI NAGAR, PALLITHOTTAM, KOLLAM. (SUPERVISOR, ICDS PROJECT, IDUKKI).
BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY.
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WELFARE(A)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM.
R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKATH.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.3857/2010-F:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE JUDGMENT DTD. 01/06/2005 IN W.P.(C).NO.13307/2005.
EXT.P.2: COPY OF THE GOVERNMENT ORDER G.O.(RT).NO.366/2005/SWD DTD. 30/07/2005.
EXT.P.3: COPY OF THE ORDER NO. E1 (3)/16765/05 DTD. 16/08/2005.
EXT.P.4: COPY OF THE ORDER G.O.(RT).NO.241/2009/SWD DTD. 19/05/2009.
EXT.P.5: COPY OF THE ORDER NO. 41632/08 DTD. 01/06/2009.
EXT.P.6: COPY OF THE ORDER G.O.(MS).NO.57/2009/SWD DTD. 16/12/2009.
EXT.P.7: COPY OF THE REPRESENTATION FILED BY THE P.1. BEFORE THE R.1. DTD. 22/01/2010.
EXT.P.8: -DO- FILED BY THE P.2.
EXT.P.9: -DO- FILED BY THE P.3.
EXT.P.10: -DO- FILED BY THE P.4.
EXT.P.11: -DO- FILED BY THE P.5. EXT.P.12: -DO- FILED BY THE P.6. EXT.P.13: -DO- FILED BY THE P.7. EXT.P.14: -DO- FILED BY THE P.8. EXT.P.15: -DO- FILED BY THE P.9. EXT.P.16: -DO- FILED BY THE P.10.
EXT.P.17: -DO- FILED BY THE P.11. EXT.P.18: -DO- FILED BY THE P.12. EXT.P.19: -DO- FILED BY THE P.13.
EXT.P.20: COPY OF THE ORDER NO. E3/9009/09 DTD. 01/07/2010.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
ANTONY DOMINIC, J. ================ W.P.(C) NO. 3857 OF 2010 (F)
=====================
Dated this the 9th day of July, 2010
J U D G M E N T
Petitioners are ICDS Supervisors working on contract basis. In this writ petition, they claim regularization in service. According to the petitioners, 47 of their colleagues were ordered to be regularized by Ext.P6 order. Relying on Ext.P6, they also sought regularization by filing Exts.P7 to P19 before the 1st respondent. Orders were not passed, and therefore, the writ petition is filed.
Therefore, I dispose of this writ petition directing the 1st respondent to pass orders on Exts.P7 to P19 representations in the light of Exts.P6 and P20 referred to above. Orders shall be
WPC No. 3857/10
:2 :
passed, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether petitioners, who are similarly situated contract supervisors, are entitled to regularization orders similar to those granted to 47 colleague supervisors.
SHYLAJAKUMARI P.G.
LUCY M.K.
STATE OF KERALA
THE DIRECTOR, SOCIAL WELFARE DEPARTMENT
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
