IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 28911 of 2008(P) -------------------------- PETITIONER(S): --------------- 1. SHAJAN, S/O.SAMUEL, PARAVILA PUTHENVEEDU, NELLUPPALLI P.O., KALLAR, PUNALUR. 2. JAYAN.P., THENGUMTHARAYIL VEEDU, KAKKODE P.O., PUNALUR. 3. RAJAN, KOCHUVEEDU, ARAMPUNNA, ELAMBAL P.O., PUNALUR. 4. N.VIKRAMAN, PARAVILA VEEDU, NELLUPALLI P.O., KALLAR, PUNALUR. 5. BIJU.S., EDATHANNIL KAVUVILA VEEDU, ARAMPUNNA, ELAMBAL P.O. 6. SINDHULAL, S/O.MADHAVAN, MARUMAN, NEAR MUNCIPAL MARKET, PUNALUR. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. THE PUNALUR MUNICIPALITY, MUNICIPAL OFFICE, PUNALUR, REPRESENTED BY ITS SECRETARY. 2. THE CHAIRMAN, PUNALUR MUNICIPALITY, MUNICIPAL OFFICE, PUNALUR. ADV. SRI.B.KRISHNAMANI, SC ADV.SRI.KRISHNAUNNI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28911/2008-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of July, 2009 J U D G M E N T The petitioners claim to be working as Sanitary Workers in Punalur Municipality for the last four years. According to them, the available Sanitary Workers are much less than the personnel required for the purpose. Petitioners claim to be fairly experienced in the work and they claim to be sincere in their work. But now they are threatened with disengagement for accommodating persons recruited through Employment Exchange. It is in the above circumstances, the petitioners have filed the writ petition seeking the following reliefs:- i. Issue a writ of mandamus or other appropriate writ order or direction directing the respondents to continue with the service of the petitioners. ii. Such other reliefs which this Court deems fit and necessary in the circumstances of the case and the costs of this case. 2. I have heard the counsel for the petitioner and the counsel for the respondents. 3. Admittedly, the petitioners have not undergone any selection process while being engaged as Sanitary Workers in the W.P.(C). No.28911/2008 -:2:- Punalur Municipality. As such, they have no right to continue to be engaged as a matter of right either provisionally or regularly. In fact, their continuance itself is a violation of the fundamental rights of many others who are also equally eligible to be considered for appointment to the said posts. That being so, it is the duty of the respondents to make regular selection of Sanitary Workers as expeditiously as possible, after conducting selection in accordance with the accepted procedure for the same. It would be open to the petitioners also to apply pursuant to the same. However, I do not think that the petitioners can as of now claim to continue to be engaged as Sanitary Workers as before. Therefore, I do not find any merit in the writ petition and, accordingly, the same is dismissed. (S.SIRI JAGAN, JUDGE) ms