IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25151 of 2008(T) ---------------------------------------- PETITIONERS: ---------------------- 1. T.S. BIJU, THAVEEDE HOUSE, HOUSE NO. 21/1374, KIZHAKUMURI PARAMBU, PASHNITHODUPALAM, PALLURUTHY, KOCHI-6. 2. B. ALI, HOUSE NO.5/1168, PETTIKARANPARAMBU, KOSARAMUKKU, KOCHI-2. 3. A. LATHEEF, HOUSE NO. 5/1153, PETTIKARANPARAMBU, KOMBARAMUKKU, KOCHI-2. 4. B.A. BABU, MATHES PARAMBU, HOUSE NO. 5/2099, B.S.S ROAD, KOCHI-2. 5. K.A. THAHAR, HOUSE NO. 4/408, CHERALAYIKADA, PUTHENPARAMBU, KOCHI-2. 6. M.K. SURESH, MULLEZHATHU HOUSE, VALIYAPULLARA, HOUSE NO.19/545, PALLURUTHY, KOCHI-6. 7. T.V. SAKTHIKUMAR, THAREPARAMBIL HOUSE, V, 377, PARAMBANATHUPARAMBU, MARANA ROAD, ELLIKKAPPADY, EROOR, TRIPUNITHURA, ERNAKULAM. 8. A. SALIM, HOUSE NO. 3/24, NELLUKADAVU, FORT KOCHI-1. 9. K.N. THANKAPPAN, KANNAMANGALAM, VELUTHULLI, CHANDIROOR,CHERTHALA. 10. C.P. NELSON, HOUSE NO. 7/136, CHILLAYIMADATHIL, CHAKKAMADOM, KOCHI-2. Kss ..2/- ...2... WPC.NO.25151/2008 T 11. K. UNNI, 7/163, KUTHIRAPARAMBU, CHAKKAMADOM, KOCHI-2. 12. C. SUNIL, HOUSE NO. XI/305, SOUTH THAMARAPARAMBU, MULLAVALAPPU, KOCHI-1. 13. M.O. MARKOSE, MANNEKKEZHATHU PARAMBU, HOUSE NO. 14/481-A, CHULLIKKAL, KOCHI-5. 14. K. UMACHANDRAN, KAYYATHARA HOUSE, HOUSE NO. 11/973, KADDE BHAGAM, PALLURUTHY, KOCHI-6. 15. C.K. VENUGOPAL, KAMBATHODATHU HOUSE, 14/1578, CHULLIKKAL, KOCHI-5. (PETITIONERS WORKING AS PART TIME CONTIGENT WORKERS (CLR) IN COCHIN CORPORATION) BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. CORPORATION OF COCHIN, BOAT JETTY, ERNAKULAM, REPRESENTED BY ITS SECRETARY. BY SR. GOVERNMENT PLEADER SMT. M.R. SREELATHA BY SRI. S. RAMESH BABU, SC, COCHIN CORPN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No.25151 of 2008 ====================================== Dated this the 20th day of August 2008 JUDGMENT The petitioners are Part-time contingent workers in the third respondent Corporation. They are employed in the Mattancherry Circle. Ext.P1 is the copy of the seniority list of CLR/substitute workers in Ernakulam/Mattancherry Circles. The petitioners are aggrieved by their ranking in the said list. It is not in dispute that Ext.P1 list has not yet been finalised. This is evident from Ext.P5 letter dated 10.7.2008 sent by the Health Officer of the Cochin Corporation to the first petitioner herein. The petitioners have in Ext.P6 representation dated 19.7.2008 requested the Secretary to Government, Local Self Government Department, before whom Ext.P1 list is pending for the purpose of finalisation, contending that the criteria for placement should be the date of initial engagement and that the persons should not be ranked on a rotation basis. According to the petitioners, irrespective of the circle where the contingent workers are employed, seniority has to be decided on the basis of the date of engagement as CLR/substitute worker. 2. After hearing Sri.K.Jaju Babu, the learned counsel for the petitioners and Sri.S.Ramesh Babu, the learned standing counsel W.P.(C)25151/2008 2 appearing for the third respondent, I am of the opinion that as the issue is pending before the State Government and as Ext.P1 list has not yet been finalised, it is for the Government to consider the grievance voiced by the petitioners in Ext.P6 and to take a decision thereon. The Government shall, while considering Ext.P6, hear the petitioners and also persons who are likely to be affected in the event of the relief sought by the petitioners being granted. Ext.P1 select list was prepared long back and according to the Standing Counsel for the Corporation, it was prepared in the year 2001. From Ext.P5, it is seen that the list has not yet been finalised and that it is pending before the State Government. In view of the fact that the issue is pending before the Government for the past several years, I further direct the Government to finalise Ext.P1 list after affording an opportunity of being heard to those concerned within a period of three months from the date of receipt of a copy of this judgment. The right of the petitioners for regularisation in service will depend on their placement in the ranked list after it is finalised by the Government. P.N.RAVINDRAN, JUDGE css/