IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 19501 of 2011() ------------------------- PETITIONER(S): --------------- LAKSHMANAN T., CLEANING WORKER ON CLR BASIS, KANNUR MUNICIPALITY (AGED 54, S/O.KANNAN, RAJITH NIVAS, AVARA PARAMBU, KADALAI P.O., KANNUR - 670 007). BY ADV. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 695 001 2. DIRECTOR, URBAN AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 695 001 3. SECRETARY, KANNUR MUNICIPALITY, KANNUR, PIN - 670 001. BY G.P.SMT.SMITHA SUKUMAR FOR R1 & R2 SRI.A.S.SAJUSH PAUL, SC FOR R3 SRI.THOMAS JAMES MUNDACKAL FOR R3 SRI.BOBBY THOMAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19501 of 2011() APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOCOPY OF THE DISCHARGE CERTIFICATE BEARING NO.G1-12723/90 DATED 28.4.1997. EXT.P2: PHOTOCOPY OF THE PROCEEDINGS OF ASSISTANT COMMISSIONER, H.R. & CE (ADMN) BEARING NO.A1.2993/95 DATED 29.5.1998. EXT.P3: PHOTOCOPY OF THE REPORT DATED 5.10.10. EXT.P4: PHOTOCOPY OF THE LETTER BEARING NO.E2-14092/10 DATED 6-9-10 ISSUED BY 2ND RESPONDENT. EXT.P5: PHOTOCOPY OF THE LETTER OF THE PETITIONER TO THE 3RD RESPONDENT DATED 5.10.10. EXT.P5(a): PHOTOCOPY OF THE RECEIPT RECEIVED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 5.7.2010. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.19501 of 2011 ---------------------------- Dated 5th August, 2011 JUDGMENT The petitioner who has been continuing uninterruptedly as CLR worker under the third respondent in Kannur Municipality filed this writ petition on being aggrieved by the inaction on the part of the respondents in taking appropriate action in the matter of regularisation of his service. He was provisionally appointed in Kannur Municipality on 1.11.1996. Ext.P3 would reveal that the petitioner has already put in more than 10 years' service. Taking into account the said circumstances that the name of the petitioner was also recommended for regularization in the prescribed form, on 13.10.2010. The contention of the petitioner is that the said factum of recommendation for regularization is evident from File No.G1-20013/10 in the office of the third respondent. As already noticed hereinbefore, the grievance of the petitioner is with respect to the inaction on the part of the respondents despite the receipt of such a recommendation for regularization of his service. It is contended that the issue regarding the question of regularization of the petitioner is now pending before respondents 1 and 2. As stated earlier, the specific assertion of the petitioner is that even after the receipt of the recommendation as is WP(C).No.19501/2011 2 obvious from file No.G1-20013/10 no action was taken thereon. In the said circumstances, without making any observation as to the merits of the contentions regarding the entitlement of the petitioner for regularization as Part-time Contingent Worker, this writ petition is disposed of with a direction to respondents 1 and 2 to take appropriate steps on the recommendation received from the third respondent on 13.10.2010 in file No.G1-20013/10 and pass appropriate decision thereon, in accordance with law, within three months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS