Petitioners sought regularization of service as sanitary workers after the Municipality requested the State to create posts. The Court directed the first respondent to decide on the matter within three months.
Directed the first respondent to consider and pass appropriate orders within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934
WP(C).No. 6246 of 2010 (E)
PETITIONERS:
RESPONDENT(S):
W.P.(C) 6246/10
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2011-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 6246/10
APPENDIX
PETITIONERS' EXTS.:
EXT.P1: THE APPOINTMENT ORDER RECEIVED BY THE 1ST PETITIONER DTD. 27.11.2000.
EXT.P2: A TRUE COPY OF THE FORWARDING LETTER DTD. 15.11.05.
EXT.P3: REQUESTING LETTER SUBMITTED BY THE 2ND RESPONDENT DTD. 17.09.2008.
EXT.P4: REQUESTING LETTER SUBMITTED BY THE 2ND RESPONDENT DTD. 8.10.09. EXT.P5: A TRUE COPY OF THE JUDGMENT DTD. 5.9.2005.
EXT.P6: A TRUE COPY OF THE REPRESENTATION DTD. 20.10.10 SUBMITTED BY THE 1ST PETITIONER.
EXT.P7: A TRUE COPY OF THE FORWARDING LETTER DTD. 21.1.10.
P.R. RAMACHANDRA MENON J.
W.P. (C) No. 6246 of 2010
Dated, this the 20th day of November, 2012
JUDGMENT
The petitioners seek for a direction to be given to the first respondent to create additional posts of sanitary workers in the second respondent Municipality and to regularize their service in the respective posts.
made clear as per the counter affidavit filed from their side,
W.P.(C) No. 6246 of 2010
: 2 :
nothing is forthcoming from the part of the first respondent. In the said circumstances, this Court finds that the matter has to be finalized by the first respondent by taking a decision and communicating the same to the parties concerned.
In the said circumstances, the first respondent is directed to consider and pass appropriate orders on Exts. P2 and P3 in accordance with law, at the earliest, at any rate, within three months and the outcome shall be let known to the second respondent forthwith. Fate of the petitioner will stand decided on the basis of outcome of the decision to be taken by the first respondent as above and the consequential
orders to be passed by the second respondent, if so necessitated.
The Writ Petition is disposed of.
sd/
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
/True copy/
P.A. to Judge
2 issues framed by the court
Whether the State of Kerala should create additional posts of sanitary workers and regularize petitioners' service as requested by the Municipality.
Whether the delay of more than three years in finalizing the posts constitutes a ground for judicial intervention.
SUSEELA.K
THE STATE OF KERALA
SECRETARY, KANJANGAD MUNICIPALITY
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
