IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 6787 of 2008(G) ------------------------- PETITIONER: ------------ T.K. SAVITHRI, THADATHIL HOUSE, THONNIAMALA, PATHANAMTHITTA. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, URBAN AFFAIRS, DIRECTORATE, THIRUVANANTHAPURAM. 3. THE PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA. BY ADV. SRI.V.K.SUNIL, SC R3 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, ALONG WITH WPC NO. 18705 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 -------------------------- Dated this the 1st April, 2008 J U D G M E N T Common issues have been raised for consideration in these writ petitions and therefore they are being disposed of by a common judgment. Petitioner in W.P. (C)No.6787 of 2008 has been engaged as Contingent Worker in the 3rd respondent Municipality consequent upon the death of her husband, who was a CLR worker in the Municipality. Essentially she sought for regularisation of service by appointing her in any of the existing vacancies in the regular Contingent Establishment of the Municipality. 2. Petitioner in W.P(C) No. 18705 of 2007 is also working as a substitute contingent worker on daily wages under the 1st respondent. He was sponsored by the Employment Exchange. According to him, under Exhibit P2, proceedings of the Secretary of the Municipality he along with others were selected and included in the list of substitute contingent workers W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 2 and subsequently person included as rank No.1 has been regularised in service also. 3. Petitioner in W.P © No.18705 of 2007 submits that he is entitled to be regularised in service on the basis of the ranking mentioned in Exhibit P2 and taking note of the fact that he is a member of the scheduled caste. Municipality has filed a counter affidavit in both cases. It is contended that there are only 24 sanctioned posts of contingent workers in the Municipality. Sanitation workers in the Municipality cannot be carried on with those 24 persons. Therefore, substitute contingent workers have been engaged from time to time. Petitioner in W.P. (C ) No.18705 of 2007 is one such person. 4. Petitioner in W.P(C) No.6787 of 2008 was engaged taking note of the fact that her husband, who was a CLR worker died in harness. Apart from the persons who are sponsored from the Employment Exchange, apparently due to the requirement felt by the Municipality, persons other than those sponsored by the Employment Exchange have also been engaged. Municipality has made it clear that in the list of substitute contingent workers, eligible for absorption as W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 3 contingent workers, the persons sponsored by the Employment Exchange have been placed above the persons who have not been so sponsored. This will be valid and operative in the matter of absorption of such persons as contingent workers. 5. It is further submitted that the petitioner in W.P. (C) No.6787 of 2008 was engaged as a substitute contingent worker taking note of the fact that her husband had died in harness. In these circumstances, a clarification has been sought for from the Government. Municipality thought it necessary to get a clarification as regards the claim of the petitioner in W.P.(C) 6787 of 2008. It is further submitted that the Municipality has requested the Government to sanction additional posts of regular contingent workers. 6. I heard learned counsel on both sides. Inter se dispute between the petitioners in W.P.(C)18705 of 2007 and 6787 of 2008 may not really arise if sufficient number of posts are sanctioned by the Government. Further, the petitioner in W.P.6787 of 2008 who has not been sponsored by the Employment Exchange is placed below the substitute contingent workers sponsored by the Employment Exchange in the list W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 4 prepared by the Municipality. There again there may not be any dispute as such. But the petitioner in W.P.18705 of 2007 has a dispute regarding Annexure R3 (a) and says that it is not in confirmity with Exhibit P2. 7. In my view, the said aspect does not require any consideration, at this stage. First and foremost aspect is the sanction of additional posts by the Government as sought for by the Municipality. 8. I heard learned Government Pleader on this aspect also. In the result, the writ petition is disposed of in the following terms: i) Government shall take a decision on the number of additional posts of contingent workers to be sanctioned in the sanitation wing of the Municipality, within a period of three months from the date of receipt of a copy of this judgment. ii) The existing substitute contingent workers shall be considered for regularization depending upon the number of posts to be sanctioned by the Government. iii) The case of the petitioner in W.P. © No.6787 of 2008 W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 5 shall also be considered by the Government. It is made clear that the interests of substitute contingent workers who are sponsored by the Employment Exchange shall not be prejudiced by the acceptance of the claim of the petitioner in W.P (C) No.6787 of 2008. Correctness of Exhibit R3 (a) is not being decided in these writ petitions, at this stage. If anyone has a grievance regarding that, it may be pursued after the Government takes a decision on the number of sanctioned posts, provided any such dispute survives a decision to be taken by the Government in this regard. The existing substitute contingent workers shall be continued to be engaged and their services shall not be either dispensed with or not availed of for the purpose of accommodating any other person from outside. iv) The existing substitute contingent workers shall be considered for absorption into regular vacancies of contingent workers which is scheduled to arise in the Municipality and such absorption need not await sanction of additional posts by the Government in the manner aforementioned. If any other person has a dispute regarding the priority in the matter of absorption into contingent service either against the vacancies which are W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 6 now scheduled to arise or against additional posts that may be sanctioned by the Government, he may agitate the same, subsequent to the decision to be taken by the Government in the manner aforementioned. (V.GIRI, JUDGE) ma W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 7 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) Nos. 18705 of 2007 & 6787 of 2008 8 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.