The High Court of Kerala directed the 1st respondent State to consider the petitioner's representation for absorption in a temporary post within three months. The court did not grant regularization directly but ordered expeditious consideration.
Direction to 1st respondent to consider P19 representation and pass orders within three months.
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 RAJA VIJAYARAGHAVAN V THURSDAY, THE 23RD DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945 WP(C) NO. 6559 OF 2023
PETITIONER/S:
JENNYJOSE.M.
AGED45YEARS
S/OJOSE.M.G.,MANAVALANHOUSE,AYIROOR.P.O.,
ATTUPURAM,KURUMASSERY(VIA),ERNAKULAMDISTRICT,,PIN
-683579
BYADVS.
AYYAPPANSANKAR
S.HRIDYA
RESPONDENT/S:
1STATEOFKERALA
REPRESENTEDBYPRINCIPALSECRETARY,LOCALSELF
GOVERNMENTDEPARTMENT,GOVERNMENTSECRETARIAT,STATUE,
THIRUVANANTHAPURAM,,PIN-695001
2MUNICIPALCOUNCIL,THRIKKAKARAMUNICIPALITY
REPRESENTEDBYTHECHAIRPERSON,NGOQUARTERS,-
MAVELIPURAMROAD,THRIKKAKARA,KAKKANADP.O.,ERNAKULAM
DISTRICT,,PIN-682030
3THRIKKAKARAMUNICIPALITY,REPRESENTEDBYSECRETARY
NGOQUARTERS,-MAVELIPURAMROAD,THRIKKAKARA,KAKKANAD
P.O.,ERNAKULAMDISTRICT,,PIN-682030
BYADVS.JAMAL
OTHER PRESENT:
SRI.SJAMAL,SCFORMUNICIPALITY
THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON23.11.2023,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:
WP(C)NO.6559OF2023
2
JUDGMENT
The petitioner states that she was initially appointed to the post of Junior Health Inspector Grade-II through Employment Exchange in North Paravur Municipality on temporary basis as per appointment order dated 23.01.2001 and she has been in continuous service with effect from 01.02.2001 at various Municipalities of Ernakulam district. The petitioner asserts that the Government has now issued Ext.P15 order creating 180 posts of Junior Health Inspector Grade-II, out of which 35 are earmarked for Ernakulam District. As per Ext.P16 order, 5 posts of Junior Health Inspector Grade-II stands created in Thrikkakara Municipality, where the petitioner has been working for the last 3 years. Petitioner, being in continuous service in the post of Junior Health Inspector Grade-II on a temporary basis for almost past two decades, submitted Exts.P17 to P19 representations requesting for absorption/regularization in the newly created posts or permitting her to participate in the selection process by relaxing the age limit, considering her long service in the post, but the same have not been considered yet. It is in the afore circumstances this writ petition is filed seeking the following reliefs:-
i) Issue a writ of mandamus or other appropriate writ, order or direction commanding Respondents 1 to 3 to consider the claim and legitimate entitlement of the Petitioner for absorption/regularization in the Post of
WP(C)NO.6559OF2023
3
Junior Health Inspector Grade-II, in Thrikkakara Municipality, created as per Exhibit-P16 Government Order, and take decision thereon considering his long and continuous service in the said Post for more than two decades, before pursing any proceedings for making appointment to the newly created Post of Junior Health Inspector-Grade-II, in Thrikkakara Municipality; ii) Issue a writ of mandamus or other appropriate writ, order or direction, commanding 1st Respondent to consider the request in Exhibit-P19 representation and take expeditious decision thereon, before pursuing any proceedings for making appointments to the newly created Posts of Junior Health Inspector-Grade-II, in Thrikkakkara Municipality as per Exhibit-P16 Government Order; iii) Issue a writ of mandamus or other appropriate writ, order or direction, mandamus commanding 2nd Respondent to consider the request in Exhibit-P17 representation and take expeditious decision thereon, before pursuing any proceedings for making appointments to the newly created Posts of Junior Health Inspector-Grade-II, in Thrikkakkara Municipality as per Exhibit-P16 Government Order; iv) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being.
WP(C)NO.6559OF2023
4
In view of the submissions advanced, I am of the view that this writ petition can be disposed of by ordering as under:
a) There will be a direction to the 1st respondent to consider and
pass orders on Ext.P19 representation submitted by the petitioner, as per procedure and in accordance with law, with notice to the petitioner, as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
b) Petitioner shall produce a copy of the judgment before the concerned respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
SJ
WP(C)NO.6559OF2023
5
APPENDIX OF WP(C) 6559/2023
PETITIOExhibit |
NER EXHIP1 |
BITSTRUE COPY OF THE MEMO OF APPOINTMENTDATED 23.1.2001 ISSUED BY THE SECRETARYOF NORTH PARAVUR MUNICIPALITY TO THEPETITIONER |
|---|---|---|
Exhibit |
P2 |
TRUE COPY OF THE DISCHARGE CERTIFICATEDATED 7.5.2002 ISSUED BY THE SECRETARYOF NORTH PARAVUR MUNICIPALITY TO THEPETITIONER |
Exhibit |
P3 |
TRUE COPY OF THE DISCHARGE CERTIFICATEFOR THE PERIOD OF SERVICE FROM 28.9.2015TO 24.9.2016 IN THE THRIPUNITHURAMUNICIPALITY |
Exhibit |
P4 |
TRUE COPY OF THE APPOINTMENT ORDER DATED6.10.2016 ISSUED BY THE SECRETARY, NORTHPARAVUR MUNICIPALITY TO THE PETITIONER |
Exhibit |
P5 |
TRUE COPY OF THE AUTHORIZATION DATED7.12.2018 ISSUED BY THE SECRETARY, NORTHPARAVUR MUNICIPALITY |
Exhibit |
P6 |
TRUE PHOTOCOPY OF THE ORDER DATED26.6.2019 ISSUED BY THE NORTH PARAVURMUNICIPALITY |
Exhibit |
P7 |
TRUE COPY OF THE ORDER DATED 8.7.2015ISSUED BY THE SECRETARY, NORTH PARAVURMUNICIPALITY ENGAGING THE PETITIONER ASENUMERATOR FOR THE CENSUS WORK IN |
RESPECT OF DIFFERENTLY ABLED PERSONS |
||
Exhibit |
P8 |
TRUE COPY OF THE ORDER DATED 8.11.2018ISSUED BY SECRETARY, NORTH PARAVURMUNICIPALITY ENGAGING THE PETITIONER ASCO-ORDINATOR OF WARD SABHA |
Exhibit |
P9 |
TRUE COPY OF THE ORDER DATED 29.10.2018ISSUED BY SECRETARY, NORTH PARAVURMUNICIPALITY ENGAGING THE PETITIONER INTHE NIGHT SQUAD FOR REMOVAL OFUNAUTHORIZEDLY ERECTED HOARDINGS ANDFLAG MASTS |
Exhibit |
P10 |
TRUE COPY OF THE CERTIFICATE OFAPPRECIATION DATED 29.09.2018 ISSUED BYTHE NORTH PARAVUR MUNICIPALITY TO THEPETITIONER |
Exhibit |
P11 |
TRUE COPY OF ORDER DATED 19.7.2021ISSUED BY SECRETARY, THRIKKAKARAMUNICIPALITY ENGAGING THE PETITIONER FOR |
WP(C)NO.6559OF2023
6
CONDUCTING SURVEY OF STREET VENDERS IN |
||
|---|---|---|
WARDS 36, 37, 4, 5 & 6 OF THEMUNICIPALITY |
||
Exhibit |
P12 |
TRUE COPY OF THE COMMUNICATION DATED20.7.2021 ISSUED BY SECRETARY,THRIKKAKARA MUNICIPALITY TO THE 1STRESPONDENT, TO EXTEND THE PERIOD OFSERVICE OF PETITIONER AND OTHERS |
Exhibit |
P13 |
TRUE COPY OF THE COMMUNICATION DATED20.7.2021 ISSUED BY SECRETARY,THRIKKAKARA MUNICIPALITY TO THE DIRECTOROF URBAN AFFAIRS, TO EXTEND THE PERIODOF SERVICE OF PETITIONER AND OTHERS |
Exhibit |
P14 |
TRUE COPY OF THE EXTRACT OF MUNICIPALCOUNCIL DECISION NO.8 DATED 30.4.2021 OFTHRIKKAKARA MUNICIPAL COUNCIL TO EXTENDTHE PERIOD OF SERVICE OF PETITIONER ANDOTHERS |
Exhibit |
P15 |
TRUE COPY OF THE G.O. (RT)NO.277/2022/LSGD DATED 22.12.2022 ISSUED |
BY GOVERNMENT OF KERALA, LSGD DEPARTMENT |
||
Exhibit |
P16 |
TRUE COPY OF THE G.O. (RT)NO.10/2023/LSGD DATED 13.1.2023 ISSUEDBY THE LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT OF KERALA |
Exhibit |
P17 |
TRUE COPY OF THE REPRESENTATION DATED28.1.2023 SENT BY PETITIONER TO THE 2NDRESPONDENT ALONG WITH RECEIPT DATED28.1.23 ISSUED FROM THRIKKAKARAMUNICIPALITY |
Exhibit |
P18 |
TRUE COPY OF THE REPRESENTATION DATED28.1.2023 SENT BY PETITIONER TO THEDIRECTOR OF URBAN AFFAIRS |
Exhibit |
P19 |
TRUE COPY OF THE REPRESENTATION DATED30.1.2023 SENT BY PETITIONER TO THE |
ADDL. CHIEF SECRETARY, LSGD |
1 issue framed by the court
Whether the responding authorities are directed to consider the petitioner's representations for absorption or regularization before proceeding with new appointments.
Jenny Jose M.
State of Kerala
Municipal Council, Thrikkakara Municipality
Thrikkakara Municipality
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court