IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 15820 of 2007(G) -------------------------- PETITIONER: ------------- N.ZEENATH BEEVI, SUBSTITUTE CONINGENT WORKER, SANITATION-WING, CHERTHALA MUNICIPALITY, CHERTHALA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, URBAN AFFAIRS, TRIVANDRUM. 3. CHERTHALA MUNICIPALITY, CHERTHALA, REPRESENTED BY ITS SECRETARY. ADDL. 4. RAVI.P., SUBSTITUTE CONTINGENT WORKER, SANITATION WING, CHERTHALA MUNICIPALITY. ADDL. 5. K.M. OUSEPH, SUBSTITUTE WORKER, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. ADDL. 6. V.DINESAN, SUBSTITUTE WORKER, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. (ADDL.R4 TO R6 IMPLEADED AS PER ORDER DT.12.06.07 IN IA 7542/07) WPC : 15820 OF 2007 ADDL. 7. K.K.SANTHAMMA, SUBSTITUTE CONTINGENT WORKER, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. ADDL. 8. P.INDIRAKUMARI, SUBSTITUTE CONTINGENT WORKER, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. ADDL. 9. P.V. FRANCIS, SUBSTITUTE CONTINGENT WORKER,, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. ADDL. 10. SAYED MUHAMMED, SUBSTITUTE CONTINGENT WORKER, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. ADDL. 11. M.V.SULOCHANA, SUBSTITUTE CONTINGENT WORKER, SANITATION WING, CHERTHALA MUNICIPALITY, CHERTHALA. (ADDL.R7 TO R11 IMPLEADED AS PER ORDER DT.20.09.07 IN IA 12484/07) R3 BY ADV. SRI.J.OM PRAKASH ADDL. R4 TO R6 BY ADV. SRI.M.SASINDRAN ADDL. R7 TO R11 BY ADV. SRI.BRIJESH MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 15820 OF 2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF GO(MS) 14/82/LBR DT.22.4.1982 ISSUED BY THE GOVT. OF KERALA. EXT.P2 : TRUE COPY OF ORDER DT.23.4.03 ISSUED BY THE 3RD RESPONDENT. EXT.P3 : TRUE COPY OF MEMO NO.A3-5488/94 DT.17.8.04 ISSUED BY THE 3RD RESPONDENT. EXT.P4 : TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.22.12.06. EXT.P5 : TRUE COPY OF LIST OF CONTINGENT WORKERS ISSUED BY THE 3RD RESPONDENT. EXT.P6 : TRUE COPY OF INFORMATION REGARDING THE CONTINGENT EMPLOYEES OF THE 3RD RESPONDENT. EXT.P7 : TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.15.5.07. EXT.P8 : TRUE COPY OF GO(MS) 91/2001/LSGD DT.30.3.01ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No. 15820 of 2007 -------------------------- Dated this the 17th January, 2008 J U D G M E N T Petitioner is a Substitute Contingent Worker in the Sanitation Wing of the Cherthala Municipality. According to her, Exhibits P1 and Exhibit P8 Government Order provides for absorption of Sanitation Workers to Contingent Service. Additional respondents 4 to 11 are other Substitute Workers working in the Sanitation Wing. The question as to how many posts of Sanitation Workers in the contingent service can be sanctioned for 3rd respondent Municipality and if so, whether the petitioner and other eligible persons can be considered for absorption are matters to be considered by the Director of Urban Affairs, the 2nd respondent. 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the additional respondents. In the circumstances, this writ petition is disposed of in the following terms: W.P ( C) No. 15820 of 2007 2 i) Petitioner may file a representation pointing out these aspects before the 2nd respondent, within one month from today. Petitioner shall indicate that she is entitled to the benefit of Exhibits P1 and P8 Government Orders. On such representation being filed, notice may be issued by the 3rd respondent to the additional respondents 4 to 11 also. Decision shall be taken by the 2nd respondent as regards the absorption of the petitioner as also the additional respondents 4 to 11 as Contingent Workers in the 3rd respondent, taking note of the scheme formulated in Exhibit P1 and P8 Government Orders, within three months from the date of receipt of a copy of the representation from the petitioner in the manner aforementioned. ii) It is made clear that on receipt of the notice from the 3rd respondent, additional respondents 4 to 11 may also file a representation for a similar benefit, if they are interested in doing so. (V.GIRI, JUDGE) ma W.P ( C) No. 15820 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 15820 of 2007 2 ORDER 25th May, 2007