IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 OP.No. 19811 of 1998(H) ---------------------------------- PETITIONER(S): ---------------------- K. BALAKRISHNAN, KARIKKATTIL HOUSE, PANNINAPARA, MANJERY, MALAPPURAM DIST. BY ADV. SRI.P.K.YUSUFF ISSUDDIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM. 2. THE SECRETARY, MALAPPURAM MUNICIPALITY, MALAPPURAM. 3. MALAPPURAM MUNCIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, P.O. MALAPPURAM. R1 BY GOVERNMENT PLEADER SRI. P.M.MANOJ R2 BY ADV. SRI.KPG.MENON THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP.NO. 19811/1998 ORDER ON C.M.P.NO. 34897/1998 IN O.P.NO.19811/1998 DISMISSED 12/10/2010 SD/- C.T.RAVIKUMAR, JUDGE APPENDIX P1 COPY OF THE MEMO H. 572/95 DATED 31/7/1995 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. P2 COPY OF THE ORDER H. 572/95 DATED 1/12/95 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. P3 COPY OF THE ORDE NO.H.572/95 DATED 4/7/1997 OF 2ND RESPONDENT TO THE PETITIONER. P4 COPY OF THE JUDGMENT IN O.P.NO. 15061/1997 DATED 27/8/1997 OF HIGH COURT OF KERALA. P5 COPY OF THE NOTICENO.H.572/95 DATED 25/9/97 OF 2ND RESPONDENT TO THE PETITIONER. P6 COPY OF THE ORDER OF DISTRICT COLLECTOR, MALAPPURAM DATED 2/1/1997. P7 COPY OF THE DECISION NO.16 OF MUNICIPAL COUNCIL DATED 26/9/98. P8 COPY OF THE REPRESENTATION OF PETITIONER BEFORE HON'BLE MINISTER FOR LOCAL ADMN THIRUVANATHAPURAM DATED 11/6/98. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - O.P. No. 19811 OF 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 J U D G M E N T The petitioner was appointed as a substitute worker under the third respondent Municipality as per Ext.P2. This Original Petition has been filed mainly challenging Ext.P7 order and for issuance of a writ of mandamus commanding the second respondent to allow him to continue as substitute Worker under the third respondent Municipality. At the time of admitting this Original Petition, this Court passed an interim order staying operation and implementation of decision No.16 in Ext.P7 order to terminate him from service. By virtue of the same the petitioner has been continuing service as a substitute worker. In fact, he has been engaged for cleaning work of the Municipality on daily wage basis. Ext.P1 itself would reveal that his engagement was for the purpose of employment as a substitute employee in place of regular employee as and when any one of them availed leave. 2. When this matter was taken up today, the learned counsel appearing for the petitioner submitted that OP19811/1998. : 2 : subsequently, the petitioner was regularized in service under the 3rd respondent. This is recorded and this Original Petition is accordingly closed. In case of any further grievance, it will be open to the petitioner to pursue the same in accordance with law. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge OP19811/1998. : 3 : C.T. RAVIKUMAR, J - - - - - - - - - - - - - - - - - O.P. NO. 19811 OF 1998 JUDGMENT OP19811/1998. : 4 : 12th Day of October, 2010