Disposed¶90

Ajayan a.K., v. State of Kerala

Kerala HC9 Apr 2025WP(C)/13248/2020

Case brief

AI extract

What is this about?

WP(C) 13248/2020; 2025:KER:30725; High Court of Kerala at Ernakulam; Justice Mohammed Nias C.P.; decided 09.04.2025; Ajayan A.K. v. State of Kerala; Muvattupuzha Municipality; Last Grade Employees; permanent contingent workers; temporary workers; rotation; Kerala Public Service Commission; appointing authority; Municipal Council; writ petition closed without prejudice; fresh cause of action; rank list 25/06/2018; G.O.(MS) 14/82/LBR dated 22/04/1982 guidelines.

What did the court decide?

Writ petition closed without prejudice to the petitioner approaching the Court again on a fresh cause of action; the Municipality's recorded statement commits that all 17 temporary workers, including the petitioner, could be appointed to vacancies of permanent contingent workers by 31/5/2025. No finding was pronounced on the legality of the impugned selections.

Ajayan a.K., Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the selection/appointment of respondents 4 to 23 as Last Grade Employees by the Muvattupuzha Municipality was made in accordance with the rules and rotation applicable to such appointments as followed by the Kerala Public Service Commission. +1 more

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Ratio / Principle

Recording the statements made in the Municipality's affidavit, the Court held that, in view of those statements, nothing further remains to be considered in the writ petition.

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Key takeaways

The writ petition is closed without prejudice to the right of the petitioner to approach this Court again in case there is a fresh cause of action.ratio¶90

Detailed headnote1 paragraphs

Kerala High Court, Ernakulam (Mohammed Nias C.P., J.), WP(C) No. 13248 of 2020, decided 09.04.2025 (2025:KER:30725) - Ajayan A.K. v. State of Kerala and others. The petitioner challenged the appointment of respondents 4 to 23 by the Muvattupuzha Municipality on the ground that the selection was made without applying the rules and rotation applicable to the appointment of Last Grade Employees as followed by the Kerala Public Service Commission. When the matter was posted on 17.03.2025, the Court directed the Municipality to file a statement of existing and imminent vacancies and of the possibility of accommodating the petitioner. The Secretary's affidavit stated that 17 temporary workers including the petitioner were working, 14 vacancies of permanent contingent workers existed, 3 more were likely to arise on retirements during April-May 2025, all 17 could be appointed by 31/5/2025, and the Municipal Council is the appointing authority. Recording these statements, the Court found nothing further remained to be considered and closed the writ petition without prejudice to a fresh cause of action; the question of compliance with the applicable rules and rotation was not adjudicated. Exhibits included a rank list dated 25/06/2018 (Exhibit P1) and G.O.(MS) No. 14/82/LBR dated 22/04/1982 prescribing guidelines (Exhibit P3).

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2025:KER:30725

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WP(C) NO.13248 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 9^th DAY OF APRIL 2025 / 19TH CHAITHRA, 1947

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WP(C) NO. 13248 OF 2020

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PETITIONER/S:

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AJAYAN A.K., AGED 47 YEARS

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S/O.KUTTAPPAN, ALUNGAL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 683 541.

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BY ADV ALIAS M.CHERIAN

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RESPONDENT/S:

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STATE OF KERALA,

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REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT 1 DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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THE DIRECTOR OF MUNICIPALITIES,

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LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, 2 PIN - 695 001.

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MUVATTUPUZHA MUNICIPALITY

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REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, 3 MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673.

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SINDHU K.S.

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AGED ABOUT 45, W/O.LATE MOHAN, KALLIKKATTIL HOUSE, 4 RACKAD MEKKADAMBU, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316.

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2025:KER:30725

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WP(C) NO.13248 OF 2020

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DEEPA P.G.

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AGED ABOUT 42 YEARS, W/O.RAJESH, PARAPPATTU HOUSE, 5 MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM -686 669.

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ANICE M.C.

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AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 6 NAMBIATTEL HOUSE, KAVAKKADU P.O., ENANELLOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673.

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SINDHU V.C.

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AGED ABOUT 43 YEARS, W/O. NOT KNOWN TO THE PETITIONER, 7 PADINJAKARA HOUSE, KUNNACKAL P.O., VALAKAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316.

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ROJI THOMAS

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AGED ABOUT 42 YEARS, S/O.THOMAS, AYYAM KOLIL HOUSE, 8 MULLAPUZHACHAL, VAZHAKKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 670

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BASHEER P.M.

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AGED ABOUT 45 YEARS, S/O.MEERAN, PULINGANAL HOUSE, KIZHZKKEKARA, MUVATTUPUZHA, ERNAKULAM - 686 661.

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BIJU K.T.

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AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 10 KODAKKANATTIL HOUSE, ANCHELPETTY, PAMPAKUDA, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN- 686667.

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ANITHA D.P.

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AGED ABOUT 37 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 11 CHENNAMPILLIL HOUSE, PIRAVOM, ERNAKULAM DISTRICT, PIN- 686 664.

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SANTHOSH K.K.

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AGED ABOUT 47 YEARS, W/O.NOT KNOWN TO THE PETITIONER, KIZHAKKEKUDIYIL HOUSE, MEKKADAMBU, MUVATTUPUZHA, ERNAKULAM - 682 316.

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2025:KER:30725

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WP(C) NO.13248 OF 2020

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KANAKAM P.

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AGED BOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 13 PALAMOOTTIL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA, ERNAKULAM - 683 541.

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ROY A.U.

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AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 14 ARAYANIKKAL HOUSE, KARIMPANA P.O., PALAKKUZHA, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 662.

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SINDHU N.A.

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AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 15 NADUPARAMBIL HOUSE, KALLOR P.O., MUVATTUPUZHA, ERNAKULAM - 686 668.

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BINU N.T.

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AGED ABOUT 44 YEARS, S/O.THAKAPPAN, NADEPPEL HOUSE, 16 KUNNAKKAL P.O., MUVATTUPUZHA, ERNAKULAM - 682 316.

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SHINI C.K.

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AGED ABOUT 43 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 17 CHERUVELIL HOUSE, PALAKUZHA, MUVATTUPUZHA, ERNAKULAM - 686 662.

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VANAJA P.V.

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AGED ABOUT 42 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 18 ANAMBLAYITHARA HOUSE, KIZHAKKETHUNDIYIL, POONITHURA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 038.

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FATHIMA K.C.

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AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 19 PATHARIMATTOM HOUSE, PAIPRA, MULAVOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673.

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SINDHU P.R.

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AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE POETITIONER, PALAMOOTTIL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA, 20 ERNAKULAM - 683 541.

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WP(C) NO.13248 OF 2020

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JASMI N.B.

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AGED ABOUT 42 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 21 NELLIMATTATHIL HOUSE, RANDAR P.O., MUVATTUPUZHA, ERNAKULAM -686 673.

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AMBIKA V.M. AGED ABOUT 46 YEARS, W/O.NOT KNOWN TO THE PETITIONER, 22 VAZHAKKALAYIL HOUSE, KUNNAKKAL P.O., VALAKAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316.

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SHEEJA N.K.

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AGED ABOUT 40 YEARS, W/O.REJI, KALLADAYIL HOUSE, SOUTH 23 MARADI, MUVATTUPUZHA, ERNAKULAM - 686673.

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BY ADVS. SRI.L.RAM MOHAN SRI.T.B.HOOD SRI.KURIAN JOSEPH (ARAKKUNNAM) SRI.K.S.PRAVEEN SMT.P.G.MANJU SRI.RENJITH B.MARAR SRI.C.A.RAJEEV SRI.P.G.MANU (MAMMALASSERY) ALIAS M. CHERIAN SMT.M.ISHA SRI.JOBIN PAUL SMT.LAKSHMI.N.KAIMAL SRI.AMAL KASHA SMT.S.LEKHA C.S.AJITH PRAKASH RAJAN T R

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SRI.DHEERAJ A.S, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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2025:KER:30725

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WP(C) NO.13248 OF 2020

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MOHAMMED NIAS C. P. , J.

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………………………………………… .

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W. P. (C) No. 13248 OF 2020

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……………………………………………… .

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Dated this the 09^th day of April, 2025

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J U D G M E N T

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The writ petition is filed challenging the appointments of respondents 4 to 23 by the 3^rd respondent Municipality. The selection of respondents was challenged on the ground that it was made without applying the rules and rotation applicable to the appointment of Last Grade Employees, as followed by the Kerala Public Service Commission.

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When the writ petition was posted on 17.03.2025, on the basis of the submission made by both sides, an order was passed directing the Municipality to file a statement showing the vacancies, including the vacancies likely to arise in the near future and also whether the petitioner could be accommodated in one of the existing vacancies.

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Pursuant to the above direction, an affidavit has been filed by the Secretary of the Municipality, which reads as follows:-

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“3. It is submitted that including the writ petitioner 17 temporary workers are working in the Muvattupuzha Municipality at present. There are 14 vacancies of permanent contingent workers in the Municipality at present. 3 more vacancies of permanent contingent

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2025:KER:30725

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WP(C) NO.13248 OF 2020

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workers are likely to arise on account of retirement during the April-May, 2025 period. Consequently, all the 17 temporary workers including the writ petitioner could be appointed to the vacancies of permanent contingent workers by 31/5/2025. The Municipal Council is the appointing authority.”

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The above statements are recorded. In view of the above, nothing further remains to be considered in this writ petition and the same is closed without prejudice to the right of the petitioner to approach this Court again in case there is a fresh cause of action.

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SD/-

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MOHAMMED NIAS C.P., JUDGE

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2025:KER:30725

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WP(C) NO.13248 OF 2020

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APPENDIX OF WP(C) 13248/2020

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PETITIONER EXHIBITS

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TRUE COPY OF RANK LIST DATED 25/06/2018 EXHIBIT P1 PREPARED BY 3RD RESPONDENT/MUNICIPALITY.

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TRUE COPY OF COUNCIL NOTICE DATED 24/09/2018 EXHIBIT P2 ISSUED BY 3RD RESPONDENT/MUNICIPALITY.

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TRUE COPY OF ORDER BEARING NO.GO(MS) 14/82/LBR DATED 22/04/1982 ISSUED BY EXHIBIT P3 GOVERNMENT OF KERALA PRESCRIBING THE GUIDELINES.

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TRUE COPY OF EXTRACT OF THE MINUTES OF EXHIBIT P4 MEETING HELD ON 09/06/2020 BY 3RD RESPONDENT.

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TRUE COPY OF OBJECTION DATED 30.06.2020 SUBMITTED BY MR.C.M SHUKKOOR AND SIGNED BY 6 EXHIBIT P5 OTHER COUNCIL MEMBERS OF 3RD RESPONDENT/MUNICIPALITY

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Exhibit P6

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TRUE COPY OF THE MINUTES BOOK OF EXTRA ORDINARY COMMITTEE MEETING DATED 14/01/2022 OF THE HEALTH STANDING COMMITTEE OF MUVATTUPUZHA MUNICIPALLITY

Ajayan a.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajayan a.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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