IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 25818 of 2008(W) -------------------------- PETITIONER: --------------- P.X.JOSEPH, AGED 43 YEARS, S/O. XAVIER, PULLUPARAMBIL ELAMAKKARA, KOCHI 682026. (CRL/SUBSTITUTE WORKER UNDER THE CORPORATION OF KOCHI, ERNAKULAM) BY ADV. SRI.K.MOHANAKANNAN SMT.M.A.ZOHRA RESPONDENTS: --------------- 1. STATE OF KERALA -REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CORPORATION OF COCHIN REPRESENTED BY ITS SECRETARY OFFICE OF THE CORPORATION OF KOCHI ERNAKULAM. 3. THE HEALTH OFFICER, CORPORATION OF KOCHI, ERNAKULAM. 4. THE SECRETARY, KALAMASSERRY MUNICIPALITY, KALAMASSERRY, ERNAKULAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.25818 of 2008 -------------------------- Dated this the 22nd January,2009 J U D G M E N T Petitioner is a CLR/substitute worker working under the 2nd respondent Corporation of Cochin. He has got long tenure of 20 years of service. The Government as per G.O (MS)No.232/2000/LSGD dated 7.8.2000 issued directions to regularize persons like the petitioner who were employed under the Corporation till 31.12.1991. According to the petitioner, in spite of the said order passed by the Government persons like the petitioner are discriminated in the matter of regularisatin in service in spite of the availability of vacancies. Government by Exhibit-P1 has extended the benefit of regularization to those who were in service of the Corporation till 31.12.2000. Earlier, petitioner had approached this Court by filing WPC No.30168/2005 which was allowed as per Exhibit-P2 judgment. Directions have been issued in Exhibit-P2 whereby the Corporation was obliged to W.P ( C) No.25818 of 2008 2 prepare a list of persons who have already retired on superannuation etc and delete the names of such persons from the list. They were also directed to prepare a fresh list in tune with directions issued by the Government in Exhibit-P2 order therein. 2. Alleging that the Corporation is willfully disobeying the directions in the said judgment, petitioner approached this Court by filing C.C.C No.1745 of 2007, which was disposed of by Exhibit-P3. After considering the contentions of the parties, the matter was disposed of without prejudice to the right of the petitioner to move the Government for appropriate relief in the matter. Accordingly, the petitioner has filed Exhibit-P5 representation before the Government, wherein, he has sought for orders for regularization of the service of the petitioner, at the earliest. 3. In the counter affidavit filed on behalf of respondents 2 and 3, it is stated that pursuant to Exhibit-P2 judgment names of 20 persons were deleted and a new list has been prepared. The name of the petitioner figures as Sl.No.301 in the said list. Though the name of the W.P ( C) No.25818 of 2008 3 petitioner has been retained as Sl. No.301, due to the deletion of other persons his seniority is increased by ten numbers. It is pointed out that till now appointments have been given to persons up to Sl No.214. 4. Learned counsel for the petitioner sought for a direction to the Government to consider and pass orders on Exhibit-P5 after considering all the aspects pointed out therein. Learned counsel appearing for the Corporation also pointed out that Government orders are required in the matter which fact has also been averred in the counter affidavit filed on behalf of the Corporation. Therefore, there will be a direction to the 1st respondent to consider and pass orders on Exhibit-P5 after hearing the petitioner and the 2nd respondent Corporation, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.25818 of 2008 4 W.P ( C) No.25818 of 2008 5