IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 17549 of 2010(P) ------------------------------------ PETITIONER(S): ---------------------- 1. SANTHOSH KUMAR.B, S/O.C.BHASKARAN NAIR, BHASKARA MANDIRAM, TC.49/482(2), KALIPANKULAM, MANACAUD.P.O, THIRUVANANTHAPURAM. 2. R.SAKTHIDHARAN, S/O.RAGHAVAN.K, KONANTHU PUTHEN VEEDU, TRA-17, KODUNGANOOR.P.O, THIRUVANANTHAPURAM. 3. RATHEESH.M, S/O.MANIYAN.S., RATHEESH BHAVAN, PERILA, KOCHUKADU, DANAKODE.P.O, THIRUVANANTHAPURAM. 4. SUMESH.S., S/O.SUKU.G, TC.50/192(4), PULIMOOTTILKADAVU VEEDU, KALADY SOUTH, KARAMANA.P.O, THIRUVANANTHAPURAM. 5. LALU.V.V., S/O.VIJAYAKUMAR, LALU BHAVAN, ALAMKODE, AMBALATHINKALA.P.O, THIRUVANANTHAPURAM. 6. VISAKH.K.B, S/O.SREEKANTAN NAIR, SREEKANTA VILASOM, THANDRAM POIKA, VENJARAMOODE.P.O, THIRUVANANTHAPURAM. 7. PRASAD.S, S/O.SANKARAN.B, NALUTHUNDATHIL VEEDU, 10TH STONE, NEDUMANGAD, MANCHA.P.O, THIRUVANANTHAPURAM. 8. ANIL.G, S/O.GANGADHARAN, PANAYIL VEEDU, EDAKKULAM, PEROORKADA, THIRUVANANTHAPURAM. WP(C).No. 17549 of 2010 9. KRISHNA KUMAR, S/O.SUNDARESAN, KRISHNA BHAVAN, CONVENT ROAD, NEMON.P.O, PRAVACHAMBALAM, THIRUVANANTHAPURAM. 10. ROY.B, S/O.BALAS, ROY HOUSE, PONNUVILA, POWDIKONAM.P.O, THIRUVANANTHAPURAM. 11. AJIKUMAR.K, S/O.KUMARAN NAIR, KANIYANVILAKATHU PUTHEN VEEDU, ANCODE, PARUMKADAVILA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. 12. NISHAD.S, S/O.ABOOBAKER.A.S, TC.26/939, FLAT.NO.194, RAJAJI NAGAR, THIRUVANANTHAPURAM. 13. SUNEESH ROY.T, S/O.D.THANKAYYAN, THOTTARIKATHU PUTHEN VEEDU, EDATHUNDIL, MANCHA.P.O, NEDUMANGAD, THIRUVANANTHAPURAM. 14. SUNEER SHA.N, S/O.B.NAZEERBABU, TC.25/852, THYCAUD, THIRUVANANTHAPURAM. 15. ALEX FRANCIS, S/O.FRANCIS.D, NAVYAMANDIRAM, KALLATTUVILA, CHEMPAZHANTHY.P.O, THIRUVANANTHAPURAM. 16. VIJAYA RAJ.B.S, S/O.BALAS, ABHAYA, PONGUVILA, POWDIKONAM.P.O, THIRUVANANTHAPURAM. 17. ARAVIND.A.V, S/O.APPUKKUTTAN NAIR, VIJAYAMBIKA VILASOM, MAVUNNIVILA, KAVALAKUALAM, NEYYATTINKARA, THIRUVANANTHAPURAM. 18. ANAND.A.V, S/O.APPUKKUTTAN NAIR, VIJAYAMBIKA VILASOM, MAVUNNIVILA, KAVALAKUALAM, NEYYATTINKARA, THIRUVANANTHAPURAM. 19. PRADEEP.M, S/O.MOHANAN, PRADEEP NIVAS, VALIYARATHALA, NARUVAMOODU.P.O, THIRUVANANTHAPURAM. 20. SHAMNAD.S.P., S/O.SHAJAHAN.A, TC.48/824, POONTHURA.P.O, THIRUVANANTHAPURAM. WP(C).No. 17549 of 2010 21. SAJI.K.S., S/O.SUKUMARAN NAIR, HARI NIVAS, KANCHAM PAZHINJI.P.O, POOVAR VIA, THIRUVANANTHAPURAM. 22. SHAJI.N, S/O.NAJEEB, FLAT NO.388, RAJAJI NAGAR, SECRETARIATE, THIRUVANANTHAPURAM. 23. SHAMMY.S.J, S/O.SHAJAHAN.A, TC.2/2432, PATTOM.P.O, THIRUVANANTHAPURAM. BY ADV. SMT.MUMTAZ SHUMSUDDIN RESPONDENT(S): ------------------------ 1. CITY CORPORATION OF THIRUVANANTHAPURAM. REP.BY THE SECRETARY, CORPORATION BUILDINGS, THIRUVANANTHAPURAM. 2. THE DIVISIONAL EMPLOYMENT OFFICER, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY THE SECRETARY LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARAIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ANTONY MUKATH STANDING COUNSEL MR.N.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) No.17549 of 2010 ~~~~~~~~~~~~~~~~~~ Dated this the 5th day of August 2010 J U D G M E N T Grievance of the petitioners is that, though they are eligible to be appointed to the post of Anti Mosquito workers, their names are not sponsored by the Employment Exchange to the 1st respondent Corporation. 2. In the statement of the learned Government Pleader on behalf of the 2nd respondent, it is stated that in 2008, a requisition was made by the 1st respondent for sponsoring candidates to fill up 35 vacancies, and that after circulation of the requisition in the Employment Exchanges in the State, available 7 qualified candidates were sponsored. It is stated that thereafter, Corporation did not make any requisition to the Employment Exchange to W.P.(C) No.17549 of 2010 -: 2 :- sponsor the candidates. It is also the case of the 2nd respondent that on the date of sponsoring, petitioners were not qualified for the post. 3. 1st respondent has filed a counter affidavit, as per which there are 29 vacancies presently in existence and due to acute scarcity of employees, Corporation is forced to make appointments on daily wages. 4. Admittedly, 1st respondent is an establishment to which the Employment Exchange (Compulsory Notification of Vacancies) Act applies. There are 29 vacancies presently in existence. The Corporation is meeting their requirements by making daily waged appointments, which shows the necessity to make appointments. In such circumstances, it is necessary that a requisition should be made by the Corporation to the Employment Exchange with a request to sponsor eligible candidates and make appointments on that basis. 5. Therefore, I direct the 1st respondent to make a W.P.(C) No.17549 of 2010 -: 3 :- requisition to the 2nd respondent with a request to sponsor qualified candidates to the existing vacancies which are required to be filled up. It is also directed that such a requisition shall be made without any further delay. After getting the requisition, the 2nd respondent shall, without any delay sponsor eligible candidates and 1st respondent shall make appointments from the candidates so sponsored. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt