Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 14991 OF 2022 PETITIONERS: 1 SHEHABAN,AGED 28 YEARS 529 KOVIL, THAIPARAMBU, VAZHICHERI WARD, ALAPPUZHA H.O,, PIN - 688001
2 SIYAD, AGED 40 YEARS SANALAYAM, ALIKUNJU PURAYIDOM, ALISSERY WARD, ALAPPUZHA H.O, ALAPPUZHA, PIN - 688001 3 FIRANAS, AGED 42 YEARS YASEEN MANZIL, M. O WARD, ALAPPUZHA, ALAPPUZHA PO, PIN - 688001 4 ASHKAR, AGED 35 YEARS BHRANIKARAN, PURAYIDAM, VATTAYAL, THIRUVAMPADY JN S.O ALAPPUZHA, PIN - 688002 5 ANSIL, AGED 39 YEARS LLIKKAL PURAYIDOM, VATTAYAL WARD, ALAPPUZHA MUNICIPALITY, THIRUVAMPADY JN, ALAPPUZHA, PIN - 688002 *6 [SAJITH V S,AGED 40 YEARS VELIYIL, KUTHIRAPANTHY WARD, THIRUVAMPADY JN, ALAPPUZHA 688002] 7 ANSIL H,AGED 42 YEARS ILLIKKAL PURAYIDOM, VATTAYAL WARD, ALAPPUZHA MUNICIPALITY, THIRUVAMPADY JN, ALAPPUZHA, PIN - 688002 *8 [RAKESH KUMAR R.,AGED 25 YEARS CHIRAYIL VEEDU, ALISSERY WARD, ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PIN 688001],
*9 KANNAN M.,GED 40 YEARS YAMBHAVAN, KANJIPPADOM, AMBALAPPUZHA, KARUMADY, ALAPPUZHA, PIN 688005] { PETITIONERS 6,8 AND 9 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 04/03/2025 IN I.A. NO. 1/2025 IN WP(C) 14991/2022}, PIN - 688005 10 ARUNKUMAR A K.,AGED 40 YEARS 292 RAKENDU, THIRUVAMBADI PAZHAVEEDU P.O ALAPPUZHA, PIN - 688009 11 GEORGE ALEX, AGED 38 YEARS PUTHEN PURACKAL, CHUNGAM WARD, ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PIN - 688011
BY ADV MANU GOVIND RESPONDENT: ALAPPUZHA MUNICIPALITY CCSB ROAD, KODIVEEDU, ALAPPUZHA, REPRESENTED BY ITS SECRETARY, PIN - 688001 BY ADV Azad Babu R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, ALONG WITH WP(C).20351/2023 AND CONNECTED CASES, THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 23101 OF 2022 PETITIONERS: 1 AJITH Y.,AGED 44 YEARS SANUJA MANZIL, P.H WARD, ALAPUZHA NORTH-688007. 2 SHAKEER,AGED 52, ALUMKALVELI, P.H.WARD, ALAPUZHA NORTH-688007. 3 SHEFEEK.K.B, AGED 37, KUTTICKAL PURAYIDOM, SEA VIEW WARD, ALAPUZHA-688012. 4 AJEESH.K.M, AGED 40, AMBADI BHAVANAM, VATTAYAL WARD, THIRUVAMBADI.P.O, ALAPUZHA-688002. 5 NAVAS.M.S., AGED 47, NAVAS MANZIL, VADACANAL WARD, ALAPUZHA-688007. 6 SHARAFADEEN.S., AGED 52, NIKARTHIL PURAYIDOM, VALIYAMARAM WARD, ALAPUZHA-688012. 7 MUHAMMED FAIZAL, AGED 47, PUTHIYAVEEDU, ZACHARIA WARD, KUNNUMPURAM, ALAPUZHA-688002. 8 SALEEM.K, AGED 52, CHALAYIL PURAYIDOM, CHUNGOM, PALACE WARD, ALAPUZHA-688011. 9 HARIS.K, AGED 33, VARUTHUKUTHEY, PALACE WARD, ALAPUZHA-699011. 10 NAJEEM.M.S, AGED 44, AL-AMEEN MANZIL, VATTAYAL WARD, ALAPUZHA-688002. BY ADV C.A.RAJEEV RESPONDENT: ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA REPRESENTED BY ITS SECRETARY. BY ADV Azad Babu R, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, ALONG WITH WP(C).14991/2022 AND CONNECTED CASES, THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 38279 OF 2022 PETITIONERS:
1 BINU M.,AGED 37 YEARS AGED 37 YEARS, S/O. MAYIN, CHENNATTUVELI, KALAKODE, SANTHAPURAM, ALAPPUZHA 688003 2 A.ASHRAF.,AGED 53 YEARS AGED 53 YEARS, 549, MUTTATH PARAMBU, KUTHIRAPANTHI, THIRUVAMPADY P.O., ALAPPUZHA 688002 3 NAHAS ISMAIL,AGED 36 YEARS AGED 36 YEARS, KANIYAMPARAMBU, VALIYAMARAM WARD, ALAPPUZHA 688001 4 ANEESHMON A., AGED 37 YEARS, S/O ASHRAF, ILLIKKAL PURAYIDOM, VATTAYAL WARD, ALAPPUZHA MUNICIPALITY, ALAPPUZHA 5 SIBU V, AGED 36 YEARS, ROSE HOUSE, VATTAYIL WARD, THIRUVAMPADY P.O., THIRUVAMPADY JUNCTION, ALAPPUZHA 688002 6 AJITHAMMA AGED 53 YEARS, W/O.BHADRADASAN, 388, ANJILIPARAMBU, KUTHIRAPANTHI WARD, THIRUVAMPADY P.O., ALAPPUZHA 688002 7 MUHAMMED KASIM AGED 32 YEARS, S/O SHAJI, CHIRAYIL HOUSE, PALLATHURUTHI, PAZHAVEEDU S.O., ALAPPUZHA 688009, 8 PRINCE D AGED 36 YEARS, S/O DAVID, PUTHENPARAMBIL KATTOOR, KAVALOOR, COLLEGE JN, KALAVOOR, ALAPPUZHA 688522 9 SUHAIL NAVAS AGED 27 YEARS, S/O NAVAS BASHEER, 261, SUHAIL MANZIL, PALLIPURAYIDAM, SEA VIEW WARD, ALAPPUZHA BAZAR S.O., ALAPPUZHA 688012 10 NOUSHAD KU AGED 45 YEARS, S/O. KS USMANKUTTY, 105 (48/180), KANJIRATHIL HOUSE, CANAL WARD, KANJIRAMCHIRA P.O., ALAPPUZHA 688007 11 NIZAR A AGED 53 YEARS, S/O. ABDUL AZEES, 622, KOCHUPULAYAN THARA, IRON BRIDGE P.O., ALAPPUZHA 688011 12 NAISAM S AGED 30 YEARS, S/O SALIM, CHIRAMURICKAL, , KUTHIRAPPANTHI WARD, THIRUVAMPADY, ALAPPUZHA 688002, 13 SURESH L., AGED 56 YEARS, S/O LAKSHMAN, 1565, CHIRAYIL HOUSE, PALACE WARD, MULACKAL P.O., ALAPPUZHA 688011 14 BENNICHAN Y AGED 36 YEARS SACHU BHAVANAM, MUNICIPAL COLONY, LAJANATH WARD, ALAPPUZHA 688301 15 JIJO FRANCIS AGED 39 YEARS, S/O. FRANCIS, 4/717, KUTTIYARA, ARATTUVAZHI, ALAPPUZHA NORTH S.O., 688007 16 FAISAL AGED 38 YEARS, S/O.SHIHABUDEEN, DARUL SABEEL, CHATHANADU, HEAD POST OFFICE, ALAPPUZHA 688001
17 SIMON A AGED 54 YEARS, S/O. ANJALOSE JOHN, 1119, SIMON NIVAS, VAZHICHERY WARD, ALAPPUZHA 688001 BY ADVS. MANU GOVIND A.JAYASANKAR RESPONDENT:
THE ALAPPUZHA MUNICIPALITY CCSB ROAD, KODIVEEDU, ALAPPUZHA, KERALA 688001, REPRESENTED BY ITS SECRETARY. BY ADV SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, ALONG WITH WP(C).14991/2022 AND CONNECTED CASES, THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 20351 OF 2023 PETITIONERS:
1 MEHABOOB KORAPPATHI AZEEZ AGED 49 YEARS S/O AZEEZ, PARKIL, CHUNGAM WARD, MULLAKKAL.P.O, ALAPPUZHA -, PIN - 688011 2 FRANCIS XAVIER AGED 50 YEARS S/O XAVIER, ARATTUKULANGARA, KUTHIRAPANTHI WARD, THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688002 3 SAMUAL PAUL, AGED 22 YEARS S/O PAUL CHACKO, CHERUPARAMBIL, ARATTUVAZHI WARD, ALAPPUZHA-, PIN - 688007 4 NISHAD.S AGED 32 YEARS S/O SHAHUL HAMEED, MUTTATHUPARAMBU, KUTHIRAPANTHI WARD, THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688992 5 AMAL SIMON AGED 26 YEARS S/O SIMON, KOTHUPARAMBIL’ CHATHANADU.WARD, ALAPPUZHA-, PIN - 688001 6 FELIX.P.S, AGED 39 YEARS PANAKKAL, S/O STEPHEN, BEACH WARD, THIRUVAMBADY.P.O, ALAPPUZHA-, PIN - 688802 7 PRAVEEN KUMAR.T AGED 37 YEARS S/O THANKAPPAN, CHAKKAMPARAMBIL, CANAL WARD, ALAPPUZHA-, PIN - 688007 8 AJAYAN S AGED 43 YEARS S/O SREEDHARAN, ALLISSERY MUNCIPAL COLONY, VALIYAKULAM WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 9 ARIF A AGED 24 YEARS S/O AFSAL, NATTAVILLATH PURAYIDOM, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 10 ABHIJITH P.S AGED 29 YEARS S/O SHAJI, ARAYAN PARAMBU, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002
11 VISHNU S AGED 23 YEARS S/O SAJI, MUNCIPAL COLONY, CHATHANADU WARD, ALAPPUZHA-, PIN - 688001 12 ANTONY P.S AGED 28 YEARS S/O SUNNY, PALLIPARMBIL HOUSE, CHATHANADU, ALAPPUZHA-, PIN - 688001 13 SHAJI.S AGED 48 YEARS S/O SHAM, KAMBIVELIL HOUSE, CHUGAM, PALLATHURUTHY, PAZHAVEED.P.O, ALAPPUZHA,, PIN - 688009 14 ROSHAN ANTONY AGED 40 YEARS S/O ANTONY VADATHRAVEEDU, THUPOLI.P.O, ALAPPUZHA-, PIN - 688008 15 ANEEZ AGED 53 YEARS S/O YOONUS KUVAPPADAM, ZAKRIA WARD, ALAPPUZHA-, PIN - 688001
16 KOCHUMON AGED 40 YEARS S/O SUBAIR CHIRAYIL, ALISSERRY WARD, THIRUVAMBADY.P.O, ALAPPUZHA-, PIN - 688002 17 SUNIL KUMAR AGED 50 YEARS S/O RAJAN MALIKAPARAMBIL, ERAVUKKAD WARD, THIRUVAMPADY P.O, ALAPPUZHA-, PIN - 688002 18 SALIKUMAR.K.P AGED 48 YEARS S/O PAVITHRAN, KUDILIL, THIRUMALA WARD, ALAPPUZHA-, PIN - 688011 19 RATHEESH AGED 38 YEARS S/O HARIDAS, AZHIYAKATHU, CANAL WARD, ARATTUVAZHY.P.O, ALAPPUZHA-, PIN - 688007 20 GEJO. P.A AGED 39 YEARS S/O P.L .ALBIN, PALIYATAAYIL, PUNNAPARA.P.O, ALAPPUZHA-, PIN - 688004 21 SAJEER AGED 32 YEARS S/O KUMAR, ILLIKKAL PURAYIDOM, VATTAYAL WARD, THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688002 22 AKSHAY KUMAR.K.S AGED 23 YEARS S/O SAJEEV KUMAR, PANCHAJANYAM HOUSE, GURUMANDIRAM, THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688002
23 BAIJU M, AGED 50 YEARS S/O MATHEW, PANAMPADAYIL, ALLISSERY MUNCIPAL COLONY, VALIYAKULAM WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002
24 ABHIJITH AGED 25 YEARS S/O AMBEESAN, ABHIJITHOM, KALATH WARD, AVALOOKUNNU P.O., ALAPPUZHA-, PIN - 688006 25 JEEMON V.R, AGED 48 YEARS S/O RAJU, VELIYIL, KUTHIRAPANTHY WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 26 JOJO AGED 37 YEARS S/O THANKACHAN, ALLISSERY MUNCIPAL COLONY, VALIYAKULAM WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 27 SATHAR AGED 30 YEARS S/O HASANKUNJU, KAMBIVALAPPU, KUTHIRAPANTHI WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 28 SHAHUL A AGED 52 YEARS S/O K. ABDUL RAHMAN, ILLIKKALPUAYIDOM, VATTAYAL WARD, THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688002 29 NAJIMON AGED 41 YEARS S/O SULAIMANKUNJU, F.A MANZIL, ERAVUKKAD WARD,THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688002 30 SHAJAN C.S AGED 57 YEARS S/O SUKUMARAN, CHIRAPARAMBU, BEACH WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 31 AKHIL S AGED 28 YEARS S/O SATHEESAN, MUNCIPAL COLONY, SANATHANAPURAM WARD, AVALOORKUNNU P.O., ALAPPUZHA-, PIN - 688001 32 NAIZAM AGED 24 YEARS S/O SALEEM, ILLIKAL PURAYIDOM, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002
33 ACHUTY AGED 28 YEARS S/O ANTONY, VALANTHARA HOUSE, ARATTUVAZHI, ALAPPUZHA-, PIN - 688007 34 ASHIKMON C AGED 24 YEARS S/O CHANBASHA.PUTHENPURAYKKAL HOUSE, POONTHOPPU WARD, ALAPPUZHA-, PIN - 688006 35 DILSHAD G, AGED 50 YEARS S/O THAIPARAMBIL HOUSE, ALISSERY WARD, ALAPPUZHA-, PIN - 688001
36 PRAVEEN S AGED 36 YEARS S/O SADHANANDAN, CHATHANADU MUNCIPAL QUARTERS, CHATHANADU, ALAPPUZHA-, PIN - 688001 37 DIXON M.P AGED 41 YEARS S/O MADATHIPARAMBIL HOUSE, NEAR TALENT PUBLIC SCHOOL, ARATTUVAZHI, NARAKKAL, ALAPPUZHA-, PIN - 682505 38 A.M NAZAR AGED 51 YEARS S/O M.S ABUBAKER, KIZHAKKE THAIVELIKKAL, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 39 MUHAMMAD NAUSHAD AGED 47 YEARS S/O MUHAMMAD, VELIMPARAMBU, SANATHANAM WARD, ALAPPUZHA.P.O, ALAPPUZHA,, PIN - 688001 40 GANESH.N AGED 43 YEARS S/O NATARAJAN ACHARY, ULLADANPARAMBU, A.N.PURAM, THIRUVAMPADY.P.O, ALAPPUZHA-, PIN - 688002 41 ABDUL JALEEL AGED 50 YEARS S/O IBRAHIMKUTTY, PUTHENVEEDU PURAYIDOM, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 42 RAZAK P A AGED 55 YEARS S/O ABDUL KADAR, NAVAROJI PURAYIDAM , LAJANATH WARD, ALAPPUZHA-, PIN - 688002
43 ANEESH.S AGED 39 YEARS S/O SHAHUL HAMEED, CHIRAYIL HOUSE, ALLISSERY WARD, ALAPPUZHA-, PIN - 688001 44 THOMAS AGED 24 YEARS S/O JAMES, MUNCIPAL COLONY, CHATHANADU WARD, ALAPPUZHA-, PIN - 688001
45 THOUFEEK AGED 23 YEARS S/O ASHRAF, ILLIKAL PURAYIDOM, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 46 SAHEER AGED 27 YEARS S/O MUHAMMED RASHEED, MULLATHU VALAPPU, MULLATHU WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 47 FAIZAL AGED 40 YEARS S/O ISMAIL, ILLIKAL PURAYIDOM, VATTAYAL WARD, THIRUVAMBADY P.O., ALAPPUZHA-, PIN - 688002 48 VARGHESE AGED 41 YEARS S/O CHACKO, THEKKENATHU, ARATTUVAZHI WARD, ALAPPUZHA-, PIN - 688007 49 ALAN JOSEPH AGED 25 YEARS ARESSERIYIL, KANJIRAMCHIRA.P.O, MANGALAM WARD, ALAPPUZHA-, PIN - 688007 BY ADV R.UMASANKAR RESPONDENTS: 1 ALAPPUZHA MUNICIPALITY MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA- REPRESENTED BY ITS SECRETARY, PIN - 688001 2 THE MUNICIPAL COUNCIL ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA-REPRESENTED BY ITS CHAIRMAN., PIN - 688001
3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY (LSGD) LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-., PIN - 695001 BY ADV SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY GP NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, ALONG WITH WP(C).14991/2022 AND CONNECTED CASES, THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 20956 OF 2023 PETITIONERS: 1 SAJO JOY AGED 26 YEARS S/O. RESIDING AT PATTANTE PARAMBIL, LAKSHAM VEEDU, KARUATTA P.O., PIN - 690517 2 GAUTHAM V AGED 29 YEARS S/O. VARKEY S.JOY, RESIDING AT MUNICIPAL QUARTERS, VALIYAKULAM WARD, ALAPPUZHA, CIVIL STATION P.O. ALAPPUZHA 688001, PIN - 688001
3 JAMES D AGED 34 YEARS S/O DAVID, PUTHEN PARAMBI, KATTOOR P.O., KALAVUR, ALAPPUZHA, PIN - 688522 4 JITHIN JOSE ANTONY AGED 30 YEARS ESIDING AT SHERI VILLA, VALIYAKULAM WARD, ALAPPUZHA, PIN - 688001 5 JOHN CHACKO AGED 22 YEARS S/O CHACKOCHAN, RESIDING AT SHEHABHAVANAM, MUNICIPAL COLONY, NEJATH WARD, ALAPPUZHA, PIN - 688001 BY ADVS. MANU GOVIND AYESHA MARIA JOHN RESPONDENT: THE ALAPPUZHA MUNICIPALITY CCSB ROAD, KODIVEEDU, ALAPPUZHA, KERALA, REPRESENTED BY ITS SECRETARY., PIN - 688001 BY ADVS. SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, ALONG WITH WP(C).14991/2022 AND CONNECTED CASES, THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 21141 OF 2023 PETITIONERS:
1 ANIL NATH.S AGED 32 YEARS S/O SWAMINATHAN, NARAYANAPURAM, ZILLA COURT WARD, THATHAMPALLY.P.O, ALAPPUZHA, PIN - 688013 2 JALADHARAN.P AGED 50 YEARS S/O PURUSHOTHAMAN, MUKKAYIL PURAYIDOM, VATTAYAL WARD, THIRUVAMPADY.P.O, ALAPPUZHA, PIN - 688002 BY ADV R.UMASANKAR RESPONDENTS: 1 ALAPPUZHA MUNICIPALITY MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA- REPRESENTED BY ITS SECRETARY., PIN - 688001 2 THE MUNICIPAL COUNCIL ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA REPRESENTED BY ITS CHAIRMAN., PIN - 688001
3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY(LSGD) LOCAL SELF GOVERNMENT DEPARTMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADV SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY GP NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, ALONG WITH WP(C).14991/2022 AND CONNECTED CASES, THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 38288 OF 2023 PETITIONERS:
1 NAZEEM M.N. AGED 24 YEARS S/O NASEER.A, 604A, KOCHU PULAYAN THARA, CHUNGAM WARD, IRON BRIDGE.P.O, ALAPPUZHA, PIN - 688011 2 SHAHEER.K AGED 36 YEARS S/O KABEER, THAPAL PARAMBU, VELLAKINAR WARD, ALAPPUZHA, PIN - 688001 BY ADV R.UMASANKAR RESPONDENTS: 1 ALAPPUZHA MUNICIPALITY REP. BY ITS SECRETARY, MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA, PIN - 688001 2 CHAIRMAN
2. THE MUNICIPAL COUNCIL, ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, CCSB ROAD, ALAPPUZHA, PIN - 688001 3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY(LSGD), LOCAL SELF GOVERNMENT DEPARTMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADV Azad Babu R, SC GP NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.04.2025, ALONG WITH WP(C).14991/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
................................................................. ................................................................. Dated this the 11th day of April, 2025
JUDGMENT
Since common issues are involved in this writ petition, they are heard and disposed of together:
2. Brief facts necessary for the disposal of the case is as follows:
Petitioners are temporary sanitation workers in the respondent municipality on daily wage basis. The apprehension raised by the petitioners in these writ petitions is that the respondent would replace the petitioners who are temporary employees with another set of temporary employees which is against the dictum laid down by the Apex Court in State of Haryana v. Piara Singh, (1992) 4 SCC 118. Ext.P1 in W.P.(C) No.14991 of 2022 is one of the notices issued to a candidate offered by the employment exchange for appointment as a temporary sanitation worker. Petitioners would contend that these appointments are also on a temporary basis and the petitioners have also put in considerable length of service though on a temporary basis. Without filling the vacancies with permanently appointed hands, the respondent municipality is attempting to select another set of temporary employees and replace the petitioners which is contrary to the dictum laid down by the Apex Court in Piara Singh’s case cited supra. It is apprehending disengagement that the petitioners have approached this Court. Another contention raised by the petitioners is that the Municipal Council is the appointing authority of contingent workers as per Section 224(1) of the Kerala Municipality Act,
1994 and Ext.P3 produced in W.P.(C) No.21141 of 2023 is the guidelines
issued by the Government for selection of substitute contingent workers. Ext.P3 mandates that when regular vacancies arise in the contingent establishment in the local bodies, the substitute workers should be appointed to the said vacancies based on seniority and they have to be selected from persons registered with employment exchange. It was further contended that when the Government was notified about the fact that several selections were made in the local bodies, as temporary contingent workers in violation of Ext.P3 guidelines, the Government issued orders directing that the temporary workers employed prior to 31.12.1991 in violation of the guidelines prescribed in Ext.P3 will be given the status of substitute workers selected from those candidates registered with the employment exchange in terms of Ext.P3 guidelines and those temporary workers selected after 31.12.1991 will be terminated. Considering the representation of several local bodies received by the Government pertaining to the hardship that will be caused to them if such
temporary workers are terminated, the Government stayed its own order
of termination of such temporary workers. Thereafter, Government examined the matter again and issued Ext.P4 Government Order directing that those temporary workers employed by the local bodies on daily wages prior to 31.12.2000 in violation of Ext.P3 Government order will be deemed to be treated as substitute workers selected as per Ext.P3 Government order and to give them appointment as contingent workers as per their seniority after the list of substitute workers selected from the employment exchange in terms of Ext.P3 Government order gets exhausted. It is the contention of the petitioners that it is in violation of Exts.P3 and P4 that the present appointments are made.
3. A detailed counter affidavit has been filed by the respondent
municipality mainly contending that the engagement of the petitioners as temporary workers was necessitated to meet the unprecedented crisis that evolved due to the spread of the COVID-19 pandemic and the municipality had to engage the petitioners and others on daily wage basis to do sanitation work for smooth functioning of the quarantine centres on a purely temporary basis. The Government has granted permission for engaging such workers as per G.O.(Rt) No.762/2020 dated 18.04.2020 and G.O.(Rt) No.1065/2020/LSGD dated 05.06.2020 produced as Exts.R1(a) and R1(b). Based on the said Government orders, resolution No.1 dated 01.06.2020 was passed by the Municipal Council to engage the temporary contingent workers on a daily wage basis till the COVID-19 pandemic situation is over. The appointment of contingent workers in local bodies is being made as per guidelines in G.O. (MS) No.14/82/LBR dated 22.04.1982 (Ext.P3 Government Order in W.P.(C) No. 21141 of 2023) and Circular No. 2591/M1.A4/82/LA and SWD dated 27.01.1982. The
guidelines provided for a detailed selection process by a committee
consisting of the Municipal Chairman, Secretary, Health Officer, etc. in the case of municipalities. Following the above guidelines in the Government Orders in this regard, the interview of 729 candidates in the list sent by the employment exchange was conducted by the committee. Out of the rank list prepared on the said list, orders are issued to appoint them as substituted workers initially against 83 sanctioned posts of contingent workers which was done observing the reservation parameters and that after completion of probation, they will be appointed against the permanent post according to seniority and availability of vacancies. The petitioners cannot continue as they were appointed randomly without following any of the procedures to tide over the COVID-19 pandemic situation. Going by the Government order and circulars stated above, the number of probable vacancies as to permanent contingent workers should be taken into consideration and they should be employed on a daily basis at first as substitute workers. The allegation that the municipality is attempting to select another set of temporary employees in the place of the petitioners is not correct and therefore, the dictum laid down by the Apex Court in the Piara Singh’s case cited supra will not apply to the
facts of the present case.
4. I have heard the rival contentions of both sides.
5. The petitioners do not dispute the fact that they were appointed
on a temporary basis without following the procedures stipulated and going by the contentions of the respondent municipality, they were engaged on a daily wage basis to tide over the COVID-19 pandemic situation. As per the contention of the petitioners, the appointment to the post of contingent workers is to be made on the basis of Ext.P3 Government Order produced in W.P.(C) No.21141 of 2023 which was issued by the Government as it was found that there is no uniformity in the selection of such substitute workers for appointment and they are not recruited through employment exchange. As per the said Government order, a list of those substitute workers who have served the municipalities concerned as on the date of the said Government Order, shall be prepared and when regular vacancies arise in such establishment, these substituted workers will be appointed in each category based on their rank in the seniority list and when such list is exhausted, the substituted workers to be appointed in regular vacancies will be selected through employment exchange. Though the petitioners contend that those
employees who are appointed after Ext.P3 Government Order
represented the Government and as per Ext.P4 and other Government Orders it was ordered that all daily wage employees appointed prior to 31.12.2000 in violation of Ext.P3 Government Order dated 22.04.1982 are to be treated as substituted workers, admittedly, all the petitioners were appointed subsequent to 2000 and therefore, they cannot claim the benefit of Ext.P4 Government Order. The petitioners were engaged based on newspaper advertisement on the basis of Exts.R1(a) and R1(b) Government Orders. Going by Ext P3 Government Order dated 22.04.1982, produced in W.P.(C) No.21141 of 2023 the selection through employment exchange is based on a select list of substituted workers prepared after undergoing a selection after interviewing candidates registered with employment exchange concerned, and based on aptitude, physical fitness, willingness of the candidate to undertake the particular work etc. As per the counter affidavit filed by the respondent municipality, based on the said guidelines, interview of 729 candidates in the list sent by the employment exchange was conducted and orders were issued to appoint the persons included in the rank list as substituted workers initially against 83 sanctioned posts of contingent workers and the selection was made observing the reservation principles and that after completion of probation, they will be appointed against the permanent post according to seniority and available vacancies. Admittedly, petitioners were not engaged after undergoing the selection process as mandated in the
guidelines in Ext.P3 Government order produced in W.P.(C) No.21141 of
2023 for the selection of substitute contingent workers and were engaged as per Exts.R1(a) and R1(b) Government Orders which permitted the municipalities to engage temporary contingent workers on daily wage basis till the COVID-19 pandemic situation is over. In view of the above factual situation, I am not inclined to accept the contention of the petitioners based on Piara Singh’s case cited supra since it is not a case of replacing one set of temporary employees with another set of temporary employees and therefore no interference is called for. In light of the above discussion, I find absolutely no merits in these writ petitions, and they are accordingly dismissed. Sd/- VIJU ABRAHAM JUDGE cks APPENDIX OF WP(C) 14991/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ADVICE DATED 23.03.2022 ISSUED BY THE RESPONDENT TO ONE CANDIDATE TO ATTEND AN INTERVIEW ON 08.04.2022 RESPONDENT EXHIBITS Exhibit R1 (a) G.O. (Rt) No. 762/2020/LSGD dated Exhibit R1 (b) G.O. (Rt) No. 1065/2020/LSGD dated Exhibit R1 (c) G.O. (P) No. 28/2016/Fin dated PETITIONER EXHIBITS Exhibit P2 A COPY OF THE NOTICE DATED 25.11.2024 OF THE RESPONDENT MUNICIPALITY FOR COUNCIL MEETING DATED 29.11.2024 APPENDIX OF WP(C) 23101/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ADVICE DATED 23.3.2022 OF THE RESPONDENT. Exhibit P2 TRUE COPY OF INTERIM ORDER DATED 29.4.2022 IN WP (C) NO.14991/2022 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT EXHIBITS Exhibit R1(a) True Copy of Government Order bearing No. G.O.(Rt) 762/2020/LSGD dated Exhibit R1(b) True Copy of Government Order bearing No. G.O.(Rt) 1065/2020/LSGD dated Exhibit R1(c) True Copy of Government Order bearing No. G.O.(P) 28/2016/Fin dated 26/02/2016 APPENDIX OF WP(C) 38279/2022 PETITIONER EXHIBITS Exhibit P1 EXHIBIT P1:- TRUE COPY OF ADVICE DATED 23.03.2022 ISSUED BY THE RESPONDENT TO ONE CANDIDATE TO ATTEND AN INTERVIEW ON 08.04.2022 Exhibit P2 EXHIBIT P2:- TRUE COPY OF THE INTERIM
ORDER DATED 29.04.2022 IN WPC NO. 14991
OF 2022 RESPONDENT EXHIBITS Exhibit R1(a) True Copy of Government Order bearing No. G.O.(Rt) 762/2020/LSGD dated Exhibit R1(b) True Copy of Government Order bearing No. G.O.(Rt) 1065/2020/LSGD dated Exhibit R1(c) True Copy of Government Order bearing No. G.O.(P) 28/2016/Fin dated 26/02/2016 APPENDIX OF WP(C) 20351/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REQUESTION FORM DATED 25/9/2021 Exhibit P2 A TRUE COPY OF THE LETTER DATED
23.3.2022 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO ONE OF THE CANDIDATE TO ATTEND THE INTERVIEW ON 8.4.2022 FOR BEING APPOINTED AS TEMPORARY SANITATION WORKER ON DAILY WAGES
Exhibit P3 THE TRUE COPY OF G.O.(MS)14/82/LBR DATED 22.4.1982 Exhibit P4 THE TRUE COPY OF THE G.O.(MS)91/2001/LSGD DATED 29.03.2001 Exhibit P4 (a) THE TRUE TYPED COPY OF THE EXT P4 Exhibit P5 THE TRUE COPY OF THE ORDER DATED 3.3.2023 OF THE ADDL SECRETARY, LOCAL SELF GOVERNMENT (EU)DEPARTMENT Exhibit P6 THE TRUE COPY OF THE INTERIM ORDER DATED 23.09.2022 IN WPC 14991/2022 RESPONDENT EXHIBITS Exhibit R1(a) True Copy of Government Order bearing No. G.O.(Rt) 762/2020/LSGD dated Exhibit R1(b) True Copy of Government Order bearing No. G.O.(Rt) 1065/2020/LSGD dated Exhibit R1(c) True Copy of Government Order bearing No. G.O.(P) 28/2016/Fin dated 26/02/2016 APPENDIX OF WP(C) 20956/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE
NO. H7-14367/2022 DATED 31.05.2022 FROM THE RESPONDENT CERTIFYING HIS CONTINUOUS SERVICE FROM SEPTEMBER 2020 TO MAY 2022
Exhibit P2 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 5TH PETITIONER BY THE RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.G1 12931/2020 DATED 31.05.2023 Exhibit P4 TRUE COPY OF ORDER NO. H5-12467/2021 DATED 17.04.2021 Exhibit P5 TRUE COPY OF THE TEXT MESSAGE DATED 06.06.2023 RECEIVED BY THE PETITIONERS Exhibit P6 TRUE COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF FEBRUARY 2023 OF SANITIZATION WORKERS FOR CENTRAL CIRCLE Exhibit P6(a) TRUE COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF FEBRUARY 2023 OF DLR WORKERS Exhibit P6(b) TRUE COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF FEBRUARY 2023 OF CLR WORKERS NORTH I Exhibit P7 TRUE COPY OF ADVICE DATED 23.03.2022
ISSUED BY THE RESPONDENT TO ONE CANDIDATE TO ATTEND AN INTERVIEW ON 08.04.2022 FOR THE POST OF SANITATION WORKER
Exhibit P8 TRUE COPY OF INTERIM ORDER DATED 29.04.2022 IN WPC NO.14991 OF 2022 Exhibit P9 TRUE COPY OF ORDER DATED 23.09.2022 IN WPC 14991/2022 Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 29.11.2022 GRANTED BY THIS HONOURABLE COURT IN WPC 38279 OF 2022 RESPONDENT EXHIBITS Exhibit R1(a) True Copy of Government Order bearing No. G.O.(Rt) 762/2020/LSGD dated Exhibit R1(b) True Copy of Government Order bearing No. G.O.(Rt) 1065/2020/LSGD dated Exhibit R1(c) True Copy of Government Order bearing No. G.O.(P) 28/2016/Fin dated 26/02/2016 APPENDIX OF WP(C) 21141/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LIST OF ELIGIBLE CANDIDATES DATED 25-09-2021 Exhibit P2 TRUE COPY OF THE LETTER DATED 23.3.2022 ISSUED BY THE 1 ST RESPONDENT Exhibit P3 TRUE COPY OF THE GUIDELINES FOR
SELECTION OF SUBSTITUTE CONTINGENT WORKERS AND THE FURTHER APPOINTMENT FROM AMONG THEM TO THE ARISING VACANCIES TO THE POST OF CONTINGENT WORKERS IN THE LOCAL BODIES,PUBLISHED BY THE GOVERNMENT AS PER G.O(MS)14/82/LBR DATED 22-04-1982
Exhibit P4 TRUE COPY OF G.O.(MS) NO.91/2001/LSGD DATED 29.3.2001 ISSUED BY THE GOVERNMENT.ALONG WITH ITS TYPED COPY Exhibit P5 TRUE COPY OF THE ORDER DATED 3.3.2023 ISSUED BY THE ADDL SECRETARY, LOCAL SELF GOVERNMENT (EU) DEPARTMENT Exhibit P6 TRUE COPY OF THE INTERIM ORDER OF THIS HON' COURT DATED 29.4.2022 IN W.P.(C) NO.14991/2022. RESPONDENT EXHIBITS Exhibit R1(a) True Copy of Government Order bearing No. G.O.(Rt) 762/2020/LSGD dated Exhibit R1(b) True Copy of Government Order bearing No. G.O.(Rt) 1065/2020/LSGD dated Exhibit R1(c) True Copy of Government Order bearing No. G.O.(P) 28/2016/Fin dated 26/02/2016 APPENDIX OF WP(C) 38288/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF THE REQUESTION TO THE EMPLOYMENT EXCHANGE FOR LIST OF ELIGIBLE CANDIDATES DATED 25.09.2021 Exhibit P2 COPY OF THE LETTER DATED 23.03.2022 ISSUED
BY THE 1ST RESPONDENT TO ONE OF THE CANDIDATE TO ATTEND THE INTERVIEW ON 08.04.2022 FOR BEING APPOINTED AS TEMPORARY SANITATION WORKER ON DAILY WAGES
Exhibit P3 COPY OF THE RELEVANT PAGES OF THE G.O. (MS)91/2001/LSGD DATED 29.3.2001 Exhibit P4 COPY OF THE G.O.(MS)91/2001/LSGD DATED 29.3.2001 TYPED READABLE COPY IS FILED ALONGWITH Exhibit P5 COPY OF THE ORDER DATED 3.3.2023 OF THE ADDL SECRETARY, LOCAL SELF GOVERNMENT (EU) DEPARTMEN Exhibit P6 COPY OF THE ORDER IN WRIT PETITION NO.14991/2022 DATED 29.4.2022 Exhibit P7 COPY OF RELEVANT PAGES OF THE COUNCIL NOTICE OF THE 2ND RESPONDENT DATED 07.10.2023 RESPONDENT EXHIBITS Exhibit R1 (a) True Copy of Government Order GO(RT) No. Exhibit R1 (b) True Copy of Government Order GO(RT) No. Exhibit R1 (c) True Copy of Government Order GO(P) No.