2025:KER:30725 WP(C) NO.13248 OF 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 9th DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 WP(C) NO. 13248 OF 2020 PETITIONER/S: AJAYAN A.K., AGED 47 YEARS S/O.KUTTAPPAN, ALUNGAL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 683 541. BY ADV ALIAS M.CHERIAN RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2 THE DIRECTOR OF MUNICIPALITIES, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001. 3 MUVATTUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673. 4 SINDHU K.S. AGED ABOUT 45, W/O.LATE MOHAN, KALLIKKATTIL HOUSE, RACKAD MEKKADAMBU, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316. 2025:KER:30725 WP(C) NO.13248 OF 2020 2 5 DEEPA P.G. AGED ABOUT 42 YEARS, W/O.RAJESH, PARAPPATTU HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM -686 669. 6 ANICE M.C. AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, NAMBIATTEL HOUSE, KAVAKKADU P.O., ENANELLOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673. 7 SINDHU V.C. AGED ABOUT 43 YEARS, W/O. NOT KNOWN TO THE PETITIONER, PADINJAKARA HOUSE, KUNNACKAL P.O., VALAKAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316. 8 ROJI THOMAS AGED ABOUT 42 YEARS, S/O.THOMAS, AYYAM KOLIL HOUSE, MULLAPUZHACHAL, VAZHAKKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 670 9 BASHEER P.M. AGED ABOUT 45 YEARS, S/O.MEERAN, PULINGANAL HOUSE, KIZHZKKEKARA, MUVATTUPUZHA, ERNAKULAM - 686 661. 10 BIJU K.T. AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, KODAKKANATTIL HOUSE, ANCHELPETTY, PAMPAKUDA, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN- 686667. 11 ANITHA D.P. AGED ABOUT 37 YEARS, W/O.NOT KNOWN TO THE PETITIONER, CHENNAMPILLIL HOUSE, PIRAVOM, ERNAKULAM DISTRICT, PIN- 686 664. 12 SANTHOSH K.K. AGED ABOUT 47 YEARS, W/O.NOT KNOWN TO THE PETITIONER, KIZHAKKEKUDIYIL HOUSE, MEKKADAMBU, MUVATTUPUZHA, ERNAKULAM - 682 316. 2025:KER:30725 WP(C) NO.13248 OF 2020 3 13 KANAKAM P. AGED BOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, PALAMOOTTIL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA, ERNAKULAM - 683 541. 14 ROY A.U. AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, ARAYANIKKAL HOUSE, KARIMPANA P.O., PALAKKUZHA, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 662. 15 SINDHU N.A. AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, NADUPARAMBIL HOUSE, KALLOR P.O., MUVATTUPUZHA, ERNAKULAM - 686 668. 16 BINU N.T. AGED ABOUT 44 YEARS, S/O.THAKAPPAN, NADEPPEL HOUSE, KUNNAKKAL P.O., MUVATTUPUZHA, ERNAKULAM - 682 316. 17 SHINI C.K. AGED ABOUT 43 YEARS, W/O.NOT KNOWN TO THE PETITIONER, CHERUVELIL HOUSE, PALAKUZHA, MUVATTUPUZHA, ERNAKULAM - 686 662. 18 VANAJA P.V. AGED ABOUT 42 YEARS, W/O.NOT KNOWN TO THE PETITIONER, ANAMBLAYITHARA HOUSE, KIZHAKKETHUNDIYIL, POONITHURA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 038. 19 FATHIMA K.C. AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE PETITIONER, PATHARIMATTOM HOUSE, PAIPRA, MULAVOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 673. 20 SINDHU P.R. AGED ABOUT 44 YEARS, W/O.NOT KNOWN TO THE POETITIONER, PALAMOOTTIL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA, ERNAKULAM - 683 541. 2025:KER:30725 WP(C) NO.13248 OF 2020 4 21 JASMI N.B. AGED ABOUT 42 YEARS, W/O.NOT KNOWN TO THE PETITIONER, NELLIMATTATHIL HOUSE, RANDAR P.O., MUVATTUPUZHA, ERNAKULAM -686 673. 22 AMBIKA V.M. AGED ABOUT 46 YEARS, W/O.NOT KNOWN TO THE PETITIONER, VAZHAKKALAYIL HOUSE, KUNNAKKAL P.O., VALAKAM, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 316. 23 SHEEJA N.K. AGED ABOUT 40 YEARS, W/O.REJI, KALLADAYIL HOUSE, SOUTH MARADI, MUVATTUPUZHA, ERNAKULAM - 686673. BY ADVS. SRI.L.RAM MOHAN SRI.T.B.HOOD SRI.KURIAN JOSEPH (ARAKKUNNAM) SRI.K.S.PRAVEEN SMT.P.G.MANJU SRI.RENJITH B.MARAR SRI.C.A.RAJEEV SRI.P.G.MANU (MAMMALASSERY) ALIAS M. CHERIAN SMT.M.ISHA SRI.JOBIN PAUL SMT.LAKSHMI.N.KAIMAL SRI.AMAL KASHA SMT.S.LEKHA C.S.AJITH PRAKASH RAJAN T R SRI.DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30725 WP(C) NO.13248 OF 2020 5 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No. 13248 OF 2020 ………………………………………………. Dated this the 09th day of April, 2025 J U D G M E N T The writ petition is filed challenging the appointments of respondents 4 to 23 by the 3rd respondent Municipality. The selection of respondents was challenged on the ground that it was made without applying the rules and rotation applicable to the appointment of Last Grade Employees, as followed by the Kerala Public Service Commission. 2. When the writ petition was posted on 17.03.2025, on the basis of the submission made by both sides, an order was passed directing the Municipality to file a statement showing the vacancies, including the vacancies likely to arise in the near future and also whether the petitioner could be accommodated in one of the existing vacancies. 3. Pursuant to the above direction, an affidavit has been filed by the Secretary of the Municipality, which reads as follows:- “3. It is submitted that including the writ petitioner 17 temporary workers are working in the Muvattupuzha Municipality at present. There are 14 vacancies of permanent contingent workers in the Municipality at present. 3 more vacancies of permanent contingent 2025:KER:30725 WP(C) NO.13248 OF 2020 6 workers are likely to arise on account of retirement during the April-May, 2025 period. Consequently, all the 17 temporary workers including the writ petitioner could be appointed to the vacancies of permanent contingent workers by 31/5/2025. The Municipal Council is the appointing authority.” The above statements are recorded. In view of the above, nothing further remains to be considered in this writ petition and the same is closed without prejudice to the right of the petitioner to approach this Court again in case there is a fresh cause of action. SD/- MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:30725 WP(C) NO.13248 OF 2020 7 APPENDIX OF WP(C) 13248/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF RANK LIST DATED 25/06/2018 PREPARED BY 3RD RESPONDENT/MUNICIPALITY. EXHIBIT P2 TRUE COPY OF COUNCIL NOTICE DATED 24/09/2018 ISSUED BY 3RD RESPONDENT/MUNICIPALITY. EXHIBIT P3 TRUE COPY OF ORDER BEARING NO.GO(MS) 14/82/LBR DATED 22/04/1982 ISSUED BY GOVERNMENT OF KERALA PRESCRIBING THE GUIDELINES. EXHIBIT P4 TRUE COPY OF EXTRACT OF THE MINUTES OF MEETING HELD ON 09/06/2020 BY 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF OBJECTION DATED 30.06.2020 SUBMITTED BY MR.C.M SHUKKOOR AND SIGNED BY 6 OTHER COUNCIL MEMBERS OF 3RD RESPONDENT/MUNICIPALITY Exhibit P6 TRUE COPY OF THE MINUTES BOOK OF EXTRA ORDINARY COMMITTEE MEETING DATED 14/01/2022 OF THE HEALTH STANDING COMMITTEE OF MUVATTUPUZHA MUNICIPALLITY