Petitioners challenging selection of new sweepers sought continuance of their employment. Court held they had no legal right to seek continuance but directed payment of wages for work actually done.
Petition dismissed; 2nd respondent directed to pay due salary/wages for actual period of work.
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 V.G.ARUN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 6405 OF 2022
PETITIONERS:
1 BINDU P.R. AGED 47 YEARS W/O. LATE RAJESH.P.V., PONGAMPADONA, YOGA PARAMBU, KUMBALAM P.O., ERNAKULAM DISTRICT, KOCHI-682 506, (WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERRY)
2 LALY.K.L., AGED 44 YEARS W/O. ANIL KUMAR, PUTHUVALSATHIL HOUSE, MURIKKUMPADAM, VYPIN, KOCHI-682 508 ERNAKULAM, (WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS MAGISTRATE COURT,MARADU)
3 VINEETHA GAFOOR @ VIEETHA T.S., AGED 47 YEARS W/O. GAFOOR, OZHIYIL HOUSE, PUTHUKALAVATTOM, ELAMAKKARA, KOCHI-682 026, ERNAKULAM DISTRICT, (WORKING AS PART TIME SWEEPERS IN JUDICIAL FIRST CLASS MAGISTRATE COURT,KUNNUMPURAM)
BY ADV T.B.MINI
RESPONDENTS:
WP(C) NO. 6405 OF 2022
2
**5 ADDL R5 SHAHINA K.B KATTIKUNNATH HOUSE, PERUMPADANNA, NORTH PARAVUR. PIN:683513 (ADDL. R3 TO ADDL R5 ARE IMPLEADED AS PER ORDER DATED 27.05.2022 IN I.A. 2/2022 IN WPC 6405/2022). BY ADVS. GP VENUGOPAL. V S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6405 OF 2022
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JUDGMENT
Dated this the 27th day of May, 2022
The petitioners are working as Part-time Sweepers in the temporary Judicial First Class Magistrate's Courts at Mattanchery, Maradu and Kunnumpuram. They were appointed as Part-time Sweepers (on contract basis) as per Exts.P2, P3 and P4 orders and have been continuing without break. The temporary Magistrate's Courts are now made permanent and the 2nd respondent has conducted interview for appointing Part-time Sweepers from persons advised by the Employment Exchange. Hence, this writ petition.
2 . On 31.03.2022, this Court passed an interim order permitting the petitioners to continue in service, if their service has not been terminated by a written order. The petitioners are continuing in service on the strength of that order.
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WP(C) NO. 6405 OF 2022
terms of Ext.P5 Government Order and under no circumstances can their service be terminated all of a sudden. It is pointed out that the petitioners have crossed the age for public employment and hence, sympathetic consideration ought to be extended in their case.
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WP(C) NO. 6405 OF 2022
Ext.P5 Government Order dealing with regularisation of Part-time Sweepers, it is specified that Part-time contingent Sweepers should be appointed only from the Employment Exchange. It is contended that having been appointed from the open market without adhering to Ext.P5, the petitioners have no right to seek continuance or regularisation.
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WP(C) NO. 6405 OF 2022
the Employment Exchange and the 2nd respondent having acted accordingly, there is no justifiable reason to interfere with the process of selection or to interdict the selected persons from joining duty.
In the result, the writ petition is dismissed. The 2nd respondent is directed to take necessary steps to disburse the salary/wages due to the petitioners, for the period which they had actually worked, within one
WP(C) NO. 6405 OF 2022
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month. The petitioners’ liberty to claim other benefits, if any due, for the service rendered by them, is
reserved.
Sd/-
V.G.ARUN
JUDGE
NB/27-5
WP(C) NO. 6405 OF 2022
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APPENDIX OF WP(C) 6405/2022
PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION APPEARED IN MATHRUBHUMI DAILY DATED 8.9.21014 EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE FIRST APPLICANT DATED 8.12.2014 BY THE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND APPLICANT DATED 23.6.2015 BY THE CHIEF JUDICIAL MAGISTRATE , ERNAKULAM EXHIBIT P4 TRUE COPY OF THE OFFICIAL MEMORANDUM ISSUED TO THE 3RD APPLICANT DATED 17.4.2015 BY THE CHIEF JUDICIAL MAGISTRATE , ERNAKULAM EXHIBIT P5 TRUE COPY OF THE GO (P ) NO.61/2010/FIN DATED 9.2.2010 EXHIBIT P6 TRUE COPY OF THE ENTRY REGARDING THE NOTING OF DEFECT BY THE REGISTRY OF KERALA ADMINISTRATIVE TRIBUNAL ON 23.2.2022 EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 10.3.2022 PUBLISHED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS EXHIBIT R2(B) EXHIBIT R2(B):TRUE COPY OF THE PROCEEDINGS OF THIS AUTHORITY VIDE ORDER NO.E-7591/2021 DATED 10.03.2022 EXHIBIT R2(A) EXHIBIT R2(A):TRUE COPY OF THE G.O. (P)NO.501/2005/FIN.DATED 25.11.2005 EXHIBIT R3 A TRUE COPY OF THE ORDER NO E-7591/2021 DATED 10.3.2022 OF THE CHIEF JUDICIAL MAGISTRATE ERNAKULAM
TRUE COPY
P.A. TO JUDGE
3 issues framed by the court
Whether part-time sweepers appointed before the regularization order are entitled to seek continuance or regularization.
Whether the Appointing Authority was justified in selecting new candidates from the Employment Exchange.
Whether salary for the period of actual work should be paid to the petitioners.
Bindu P.R. and others
State of Kerala
The Appointing Authority of Part time Sweepers of Judicial First Class Magistrate Courts in Ernakulam District
Joshi M.B
Geetha K
Shahina K.B
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
