IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 19723 of 2009(I) -------------------------- PETITIONER(S): --------------- T.S. MATHEW, S/O. XAVIER, AGED 40 YEARS, THANDEL HOUSE, KOTHAMANGALAM VILLAGE, PUTHUPPADY P.O., KARAKUNNAM. (NOW WORKING AS PART TIME CONTINGENCY WORKER KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM.) BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -01 . 2. KOTHAMANGALAM MUNICIPALITY, MUNICIPAL OFFICE,KOTHAMANGALAM, REPRESENTED BY ITS SECRETARY. 3. MUNICIPAL COUNCIL, KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM, REP. BY ITS CHAIRMAN. 4. SHIBU ANTONY, PUTHENPURAKKAL,PUTHUPPADY P.O., KARAKKUNNAM. ADV. SRI.ALEXANDER JOSEPH FOR R2 MR.ANTONY MUKKATH, GOVERNMENT PLEADER MR.V.M.KURIAN, SC FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19723/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SENIORITY LIST DATED 03/12/2007 PREFERRED BY R2. P2 : COPY OF GO(MS) NO.91/2001/LSGD DATED 29/03/2001 ISSUED BY R1. P3 : COPY OF JUDGMENT DATED 20/09/2007 OF THIS HONOURABLE COURT IN WP (C) NO.32179/2006. P4 : COPY OF ORDER NO.H-9530 DATED 07/06/2008 ISSUED BY R2. P5 : COPY OF JUDGMENT DATED 30/03/2009 OF THIS HONOURABLE COURT IN WP (C) NO.24329/2008. P6 : COPY OF INTERIM ORDER DATED 12/08/2008 OF THIS HONOURABLE COURT IN WP(C) NO.24329/2008. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19723 of 2009 (I) --------------------------------- Dated, this the 4th day of December, 2009 J U D G M E N T The prayer sought in this writ petition is to quash Ext.P4 order and to direct respondents 2 & 3 to include the petitioner in the seniority list above the 4th respondent as a substitute worker enabling the petitioner to get regularisation in the services of the respondent Municipality. 2. When the matter is taken up for hearing, in spite of the claims made on merits, what the learned counsel for the petitioner seeks is for an opportunity to make representation before the respondents claiming the benefit of Ext.P2 Government Order and for a direction to the 2nd respondent to consider the same. 3. In view of the limited nature of the relief that is sought for, I dispose of the writ petition directing that it will be open to the petitioner to make a representation claiming the benefit of Ext.P2, in which event, the said respondent shall consider the same, and pass orders thereon as expeditiously as possible, at any rate, within WP(C) No.19723/2009 -2- four week of its receipt. It is made clear that this Court has not pronounced on the merits of the claims raised in the writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg