IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29285 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ 1. THRESSIA, W/O.LATE T.O.RAPHAEL, AGED 44, THATTASSERY HOUSE, MANNULLYPADAM, RAVIPURAM, KOCHI-16. 2. JOSEPH.T.R., AGED 20, S/O.T.O.RAPHAEL, -DO- BY ADVS. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.M.A.RUXANA RESPONDENT(S): --------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT(E.U) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR, URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM R1 & R2 BY SR GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER R3 BY ADV. SRI.S.CHANDRASENAN,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29285/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN WP(C)NO.6268/09 DATED 10/11/09. P2 COPY OF THE SENIORITY LIST OF 125 MEMBERS DATED 5/3/11. P3 COPY OF THE QUERY DATED 30/9/11 UNDER RIGHT TO INFORMATION ACT. P3(A) COPY OF THE REPLY DATED 28/8/2011. P4 COPY OF THE REPRESENTATION DATED 13/10/11. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.R. RAMACHANDRA MENON, J. .............................................. W.P.(C).NO.29285 OF 2011 ............................................. Dated this the 3rd day of November, 2011. JUDGMENT The petitioners have approached this Court with the following prayers: a. call for records connecting Exts.P2 to P4 from the respondent concerned. b. issue a writ of mandamus directing respondents to substitute 2nd petitioner as Sl.No.121 in Ext.P2 seniority list in the place of his father late T.O. Raphael and provide employment assistance as contingent employee in Cochin Corporation. c. issue a writ of mandamus directing the respondents to notionally regularise Sl.No.121 T.O. Rapheal in Ext.P2 as a contingent worker under the 3rd respondent and afford appointment under the dying harness scheme to his son - the 2nd petitioner as contingent employee in Cochin Corporation. 2. The learned counsel for the petitioners submits that the husband of the first petitioner and the father of the second petitioner, who was enlisted as Serial No.121 in Ext.P2 seniority list is no more and the second petitioner is to be substituted in his place for being considered for regularization by giving employment assistance under the W.P.(C).NO.29285 OF 2011 : 2 : 'dying in harness scheme', in the Corporation of Kochi. It is brought to the notice of this Court that Ext.P2 list was finalized on 5.3.2011, pursuant to the directions given by this Court as per Ext.P1 judgment in W.P.(C).No.6268/2009 preferred by similarly situated persons like the deceased father of the second petitioner. 3. Heard the learned standing counsel for the Corporation as well as the learned Government Pleader. 4. Taking note of the fact that the grievance of the petitioners has already been taken up by filing Ext.P4 representation before the first respondent, the first respondent is directed to consider Ext.P4 and pass appropriate orders thereon with regard to the relief sought for by substituting the name of the second petitioner in the place of the deceased father of the second petitioner at serial No. 121 in Ext.P2 list and for extending the relief as given to the persons similarly situated to the deceased father of the second petitioner. The above proceedings shall be finalized as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this W.P.(C).NO.29285 OF 2011 : 3 : judgment. 5. The petitioner shall produce a copy of this judgment and a copy of the writ petition before the first respondent for further steps. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. cl