Petitioners, part-time sweepers at a Community Health Centre managed by Vaikom Municipality, challenged non-regularization. The Court directed the Municipality to create posts and propose regularisation within one month.
Municipality directed to forward proposals for creation of posts and recommend regularisation to Government within one month.
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 S.SIRI JAGAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 8105 of 2011(K)
PETITIONER(S):
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER
RESPONDENT(S):
ADV. SRI.GEORGE KARITHANAM VARGHESE FOR R2
SRI.C.I.ABRAHAM FOR R2
SRI. ANTONY MUKKATH - GOVT. PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. SIRI JAGAN, J.
W.P.(C) No.8105 OF 2011
Dated this the 1st day of April, 2011
JUDGMENT
The petitioners are Part Time daily wage Sweepers of the 3rd respondent Community Health Centre, Vaikom, which is being managed by the 2nd respondent Vaikom Municipality in accordance with the powers vested in them under the Kerala Municipality Act. According to them, being in service with effect from 1997, they are entitled to be regularised in service in accordance with Ext.P7 Government Order as explained by Ext.P9 order on the subject. The petitioners' grievance is that the Municipality is not taking steps to regularise their services in accordance with the Government Orders. Originally, the learned Standing Counsel for the Municipality submitted that under the Government Orders, it is not the Municipality to decide the creation of posts for regularisation of services of the existing Sweepers and it is for the Government to do so. Therefore, according to them, they are helpless in the matter. But, I specifically directed the learned Standing Counsel for the
W.P.(C)No.8105/11 2
Municipality to get instructions as to whether it is not for the Municipality to first forward the proposal for creation of the post of Part Time Sweepers in accordance with the Government Order and recommend regularisation of the existing Part Time Sweepers. The learned Standing Counsel for the Municipality now submits that they realise that it is their duty to do so.
The Municipality shall forward proposals for creation of regular Part Time Sweepers' posts, for doing the job being done by the petitioners in accordance with Exts.P7 and P9 Government orders, to the Government with their recommendation regarding regularisation of the petitioners as existing Part Time Sweepers, if they come within the purview of Exts.P7 and P9 Government orders. This shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. On receipt of the same, the 1st respondent shall consider the same in accordance with Exts.P7 and P9 Government orders and pass
W.P.(C)No.8105/11
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appropriate orders thereon, as expeditiously as possible, at any rate, within three months therefrom.
S. SIRI JAGAN, JUDGE
acd
W.P.(C)No.8105/11 4
2 issues framed by the court
Whether the Municipality is duty-bound to recommend regularisation of part-time sweepers.
Whether the municipality can rely on the Government not creating posts as an excuse.
2 provisions across 2 enactments
Ajithakumari.T.P.
Shyamala Babu
Bindu.P.T.
State of Kerala
Vaikom Municipality
The Superintendent, Community Health Centre, Vaikom
S.Sirijagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
