## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 14429 OF 2021**
## **PETITIONER:**
NISHA E., AGED 45 YEARS, W/O.GIRISH KUMAR, RESIDING AT 'SREEPADMAM', BHAGAVATHIPARAMBU, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE 673 014. BY ADVS. ELVIN PETER P.J. K.R.GANESH SIDHARTH SUDHEER GOURI BALAGOPAL
## **RESPONDENTS:**
1 THE FAROOK MUNICIPALITY, REPRESENTED BY ITS SECRETARY, FAROOK P.O., KOZHIKODE 673 631. 2 THE SECRETARY, THE FAROOK MUNICIPALITY, FAROOK P.O., KOZHIKODE - 673 631. 3 ADDL.R3 SHYNEESH M.T., AGED 42 YEARS, S/O.PURUSHOTHAMAN NAIR, SOBHANA NIVAS, MARUTHALODITHAZHA, KURUVATOOR P.O, KAKKODI, KOZHIKODE, PINCODE-673 611. ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 0809-2021 IN IA 1/2021 IN WP(C)14429/2021. BY ADVS. P.A.MOHAMMED SHAH, SC RUBEN GEORGE ROCK B.MUHAMMED SHAHEEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ALONG WITH WP(C).14438/2021, 19674/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 2 :
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 14438 OF 2021**
## **PETITIONER:**
MOHAMMED ABDU RAHMAN AGED 49 YEARS, S/O. MOHAMMED MUSALIYAR, ALULLA KANDI HOUSE, PERUMUKKAM P.O., FEROKE-673 631, KOZHIKODE DISTRICT BY ADVS. ELVIN PETER P.J. K.R.GANESH SIDHARTH SUDHEER GOURI BALAGOPAL 1 FEROKE MUNICIPALITY REPRESENTED BY ITS SECRETARY, FAROK P.O., KOZHIKODE-673 631 2 THE SECRETARY, THE FEROKE MUNICIPALITY, FEROKE P.O., KOZHIKODE-673 631 3 ADDL.R3 SHYNEESH M.T., AGED 42 YEARS, S/O.PURUSHOTHAMAN NAIR, SOBHANA NIVAS, MARUTHALODITHAZHA, KURUVATOOR P.O, KAKKODI, KOZHIKODE, PINCODE-673 611. ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 0208-2023 IN IA 1/2021 IN WP(C)14438/2021. BY ADVS. P.A.MOHAMMED SHAH RUBEN GEORGE ROCK B.MUHAMMED SHAHEEL
## **RESPONDENTS:**
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ALONG WITH WP(C).14429/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 3 :
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945**
**WP(C) NO. 16205 OF 2021**
## **PETITIONER:**
RAFEEQ KALLIYIL AGED 44 YEARS, S/O. ABOOBACKER, KALLIYIL HOUSE, KODAMPUZHA, FAROOK COLLEGE P.O., KOZHIKODE-673632. BY ADVS. ELVIN PETER P.J. K.R.GANESH SIDHARTH SUDHEER GOURI BALAGOPAL
## **RESPONDENTS:**
1 THE RAMANATTUKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, RAMANATTUKARA P.O., KOZHIKODE-673633. 2 THE SECRETARY RAMANATTUKARA MUNICIPALITY, RAMANATTUKARA P.O., KOZHIKODE-673633. BY ADV. P.A.MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ALONG WITH WP(C).14429/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 4 :
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 16301 OF 2021**
## **PETITIONER:**
MUHAMMED ALI K.E. AGED 50 YEARS, S/O.MOHAMMED MUSALIYAR, EDAYAPURATH HOUSE, PARUTHIPARA, FAROOK COLLEGE P.O., KOZHIKODE - 673 632. BY ADVS. ELVIN PETER P.J. K.R.GANESH SIDHARTH SUDHEER GOURI BALAGOPAL
## **RESPONDENTS:**
1 THE RAMANATTUKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, RAMANATTUKARA P.O., KOZHIKODE - 673 633. 2 THE SECRETARY, RAMANATTUKARA MUNICIPALITY RAMANATTUKARA P.O., KOZHIKODE - 673 633. BY ADV. P.A.MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ALONG WITH WP(C).14429/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 5 :
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 17000 OF 2021**
## **PETITIONER:**
SHEEJA E., AGED 50 YEARS, W/O. NARAYANAN. M, CHIRAKKAAMKUNNU HOUSE, RAMANATTUKARA P.O. KOZHIKODE 673 633. BY ADVS. T.D.SUSMITH KUMAR C.SIVADAS
## **RESPONDENTS:**
1 RAMANATTUKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, RAMANATTUKARA P.O. KOZHIKODE 673 633. 2 THE SECRETARY, RAMANATTUKARA MUNICIPALITY, RAMANATTUKARA P.O. KOZHIKODE 673 633. BY ADV. P.A.MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ALONG WITH WP(C).14429/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 6 :
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 WP(C) NO. 19674 OF 2023**
## **PETITIONER:**
MUHAMMED ALI. K.E., AGED 51 YEARS, S/O. MOHAMMED MUSALIYAR, EDAYAPURATH HOUSE, PARUTHIPARA, FAROOK COLLEGE.P.O., KOHIKODE, PIN - 673632 BY ADVS. ELVIN PETER P.J. GOURI BALAGOPAL ABHIJITH.K.ANIRUDHAN K.R.GANESH SREELEKSHMI A.S.
## **RESPONDENTS:**
1 THE RAMANATTUKRA MUNICIPALITY REPRESENTED BY ITS SECRETARY, RAMANATTUKARA.P.O., KOZHIKODE - 673633 2 THE SECRETARY RAMANATTUKARA MUNICIPALITY, RAMANATTUKARA.P.O., KOZHIKODE - 673633 BY ADV. P.A.MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2023, ALONG WITH WP(C).14429/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 7 :
**DEVAN RAMACHANDRAN, J. ========================= W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023 ========================== Dated this the 2[nd] day of August, 2023**
## **JUDGMENT**
The petitioners in these cases are persons who aspire to be appointed as Contingent Workers, in the services of the respective respondent Corporations/Municipalities/Panchayats. They are aggrieved because the _modus_ for selection stipulated that only persons from the Employment Exchange would be allowed to participate; and they contended that this is contrary to the declarations of the Hon'ble Supreme Court in **Excise**
**Superintendent Malkapatnam, Krishna District, A.P. v. K.B.N. Visweshwara Rao and Ors. [1996 (6) SCC 216],** which have been followed by this Court in **Hameshdas K.H. & Ors v. State of Kerala & Ors. [ILR 2021 (3) Kerala 456]**
2. It transpires that interim orders were issued by this Court in all these cases, asking the respondent Corporations/ Municipalities/ Panchayats to interview the petitioners also, along with the others; and that a rank list was drawn up, in which they were included.
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
**==> picture [21 x 8] intentionally omitted <==**
## 3. Today, the learned counsel for the petitioners in all these
cases submitted that, pursuant to the afore exercise, they have already been appointed from the rank list.
In the afore circumstances, and since the afore declarations of the Hon'ble Supreme Court bind all the parties affirmatively, I allow these writ petitions, confirming the earlier interim orders issued in all these cases.
All necessary consequential orders and actions qua the petitioners, resultant to the afore declarations shall follow.
**Sd/DEVAN RAMACHANDRAN JUDGE**
anm
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 9 :
## **APPENDIX OF WP(C) 14429/2021**
|PETITIONER EXHIBITS||
|---|---|
|Exhibit P1|TRUE PHOTOCOPY OF THE CERTIFICATE DATED|
||25.10.2016 ISSUED BY THE 2ND RESPONDENT|
||TO THE PETITIONER|
|Exhibit P2|TRUE PHOTOCOPY OF THE ONLINE REGISTRATION|
||DETAILS AVAILABLE IN THE DISTRICT|
||EMPLOYMENT EXCHANGE, KOZHIKODE WITH|
||RESPECT TO THE PETITIONER|
|Exhibit P3|TRUE PHOTOCOPY OF THE COMMUNICATION DATED|
||15.9.2020 ISSUED BY THE 2ND RESPONDENT TO|
||THE DISTRICT EMPLOYMENT OFFICER|
|Exhibit P4|TRUE PHOTOCOPY OF THE REMINDER DATED|
||21.12.2020 ISSUED BY THE 2ND RESPONDENT|
||TO THE DISTRICT EMPLOYMENT OFFICER,|
||KOZHIKODE|
|Exhibit P5|TRUE PHOTOCOPY OF THE INTERIM ORDER DATED|
||17.12.2014 IN W.P.(C) NO.30385/2014|
|Exhibit P6|TRUE PHOTOCOPY OF THE JUDGMENT DATED|
||20.2.2015 IN W.P.(C) NO.30385/2014 OF|
||THIS HON'BLE COURT|
|Exhibit P7|TRUE PHOTOCOPY OF THE INTERIM ORDER DATED|
||18.9.2018 IN W.P.(C) NO.30618/2018|
|Exhibit P8|TRUE PHOTOCOPY OF THE MEMO DATED 1.7.2021|
||ISSUED BY THE 1ST RESPONDENT MUNICIPALITY|
||TO ONE OF THE CANDIDATES SPONSORED BY THE|
||EMPLOYMENT EXCHANGE.|
|RESPONDENTS' EXHIBITS||
|Exhibit R3(a)|A TRUE COPY OF THE NOTICE DATED|
||01.07.2021 BY THE 2ND RESPONDENT|
||INFORMING ME TO ATTEND THE INTERVIEW NO|
||01.07.2021.|
|Exhibit R3(b)|A TRUE COPY OF THE NOTICE DATED|
||07.09.2021 INFORMING THAT INTERVIEW IS|
||SCHEDULED ON 28.09.2021.|
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 10 :
## **APPENDIX OF WP(C) 14438/2021**
|PETITIONER EXHIBITS||||
|---|---|---|---|
|Exhibit P1|TRUE COPY OF THE RESOLUTION NO.1||DATED|
||31.10.2007|OF THE 1ST RESPONDENT||
||MUNICIPALITY|||
|Exhibit P2|TRUE COPY OF THE PROCEEDINGS|||
||NO.A1/5996/17 DATED 27.06.2018 ISSUED BY|||
||THE 2ND RESPONDENT MUNICIPALITY|||
|Exhibit P3|TRUE COPY OF THE COMMUNICATION DATED|||
||15.09.2020|ISSUED BY THE 2ND RESPONDENT||
||TO THE DISTRICT EMPLOYMENT OFFICER|||
|Exhibit P4|TRUE COPY OF THE REMINDER DATED|||
||21.12.2020|ISSUED BY THE 2ND RESPONDENT||
||OT THE DISTRICT EMPLOYMENT OFFICER,|||
||KOZHIKODE|||
|Exhibit P5|TRUE COPY OF THE INTERIM ORDER DATED|||
||17.12.20914 IN WPC NO.30385/2014||OF THIS|
||HON'BLE COURT|||
|Exhibit P6|TRUE COPY OF THE JUDGMENT DATED|||
||290.02.2015 IN WPC NO.30385/2014||OF THIS|
||HON'BLE COURT|||
|Exhibit P7|TRUE COPY OF THE INTERIM ORDER DATED|||
||18.09.2018|IN WPC N.30618/2018 OF THIS||
||HON'BLE COURT|||
|Exhibit P8|TRUE COPY OF THE MEMO DATED 01.07.2021|||
||ISSUED BY THE 1ST RESPONDENT MUNICIPALITY|||
||TO THE ONE|THE CANDIDATES SPONSORED BY||
||THE EMPLOYMENT EXCHANGE, OBTAINED BY THE|||
||PETITIONER|||
|RESPONDENTS' EXHIBITS||||
|Exhibit R3(a)|A TRUE COPY OF THE NOTICE DATED|||
||01.07.2021|BY THE 2ND RESPONDENT||
||INFORMING ME TO ATTEND THE INTERVIEW NO|||
||01.07.2021.|||
|Exhibit R3(b)|A TRUE COPY OF THE NOTICE DATED|||
||07.09.2021|INFORMING THAT INTERVIEW IS||
||SCHEDULED ON 28.09.2021.|||
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 11 :
## **APPENDIX OF WP(C) 16205/2021**
|PETITIONER EXHIBITS||
|---|---|
|Exhibit P1|TRUE PHOTOCOPY OF THE CERTIFICATE DATED|
||6.8.2021 ISSUED BY THE 2ND RESPONDENT TO|
||THE PETITIONER.|
|Exhibit P2|TRUE PHOTOCOPY OF THE COMMUNICATION DATED|
||19.2.2021 ISSUED BY THE RAMANATTUKARA|
||MUNICIPALITY.|
|Exhibit P3|TRUE PHOTOCOPY OF THE JUDGMENT IN WPC|
||NO.16239/2019 OF THIS HON'BLE COURT DATED|
||21.08.2019.|
|Exhibit P4|TRUE PHOTOCOPY OF THE INTERIM ORDER DATED|
||18.9.2018 IN WP(C) NO.30618/2018 OF THIS|
||HON'BLE COURT.|
|Exhibit P5|TRUE PHOTOCOPY OF THE INTERIM ORDER DATED|
||22.7.2021 IN WP(C) NO.14587/2021 OF THIS|
||HON'BLE COURT.|
|Exhibit P6|TRUE PHOTOCOPY OF MEMO DATED 30.7.2021|
||ISSUED BY THE 1ST RESPONDENT|
||MUNICIPALITY.|
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 12 :
## **APPENDIX OF WP(C) 16301/2021**
|PETITIONER EXHIBITS||
|---|---|
|Exhibit P1|TRUE COPY OF THE EXPERIENCE CERTIFICATE|
||ISSUED TO THE PETITIONER BY THE|
||RAMANATTUKARA PANCHAYATH DATED|
||08/09/1994.|
|Exhibit P2|TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED|
||TO THE PETITIONER NO.A4-7657/21 DATED|
||04/08/2021 BY THE RAMANATTUKARA|
||MUNICIPALITY.|
|Exhibit P3|TRUE PHOTOCOPY OF THE COMMUNICATION DATED|
||NO.A4/001/2016 DATED 19/02/2021 ISSUED BY|
||THE RAMANATTUKARA MUNICIPALITY TO THE|
||EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT|
||EXCHANGE, KOZHIKODE.|
|Exhibit P4|TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)|
||NO.16239/2019 DATED 21/08/2019 OF THIS|
||HON'BLE COURT.|
|Exhibit P5|TRUE COPY OF THE INTERIM ORDER DATED|
||18/09/2018 IN WP(C) NO.30618/2018 OF THIS|
||HON'BLE COURT.|
|Exhibit P6|TRUE PHOTOCOPY OF THE INTERIM ORDER DATED|
||22/07/2021 IN WP(C) NO.14587/2021 OF THIS|
||HON'BLE COURT.|
|Exhibit P7|TRUE PHOTOCOPY OF THE NOTICE|
||NO.H1/4278/2021 DATED 30/07/2021 ISSUED|
||BY THE RAMANATTUKARA MUNICIPALITY TO ONE|
||OF THE CANDIDATES SPONSORED BY THE|
||EMPLOYMENT EXCHANGE AND OBTAINED BY THE|
||PETITIONER.|
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 13 :
## **APPENDIX OF WP(C) 17000/2021**
|PETITIONER EXHIBITS||
|---|---|
|Exhibit P1|A TRUE COPY OF THE CERTIFICATE DATED|
||11.08.2021 ISSUED BY THE SECRETARY,|
||RAMANATTUKARA MUNICIPALITY.|
|Exhibit P 2|A TRUE COPY OF THE LETTER DATED|
||19.02.2021 ISSUED BY THE 2ND RESPONDENT|
||SECRETARY TO EMPLOYMENT OFFICER,|
||EMPLOYMENT, EXCHANGE, CIVIL STATION|
||KOZHIKODE.|
|Exhibit P 3|A TRUE COPY OF THE IDENTITY CARD DATED|
||26.02.2016 ISSUED TO PETITIONER FROM THE|
||EMPLOYMENT EXCHANGE, KOZHIKODE.|
|Exhibit P 4|THE JUDGMENT PRONOUNCED BY THE HON'BLE|
||SUPREME COURT IN EXCISE SUPERINTENDENT,|
||MALKAPATNAM, KRISHNA DISTRICT, A.P. VS.|
||K.B.N. VISWESHWARA RAO AND OTHERS,|
||(MANU/SC/0980/1996).|
|Exhibit P 5|ORDER DATED 11.08.2021 IN WPC NO. 16205|
||OF 2021 OF THIS HONBLE COURT, DOWNLOADED|
||FROM THE OFFICIAL WEBSITE.|
|Exhibit P-6|A TRUE COPY OF THE ORDER NO.A4-9223/2018|
||DATED 01/02/2022, ISSUED BY THE 2ND|
||RESPONDENT|
|Exhibit P-7|A TRUE COPY OF THE LETTER DATED 20|
||JANUARY 2023 ISSUED BY THE 2ND RESPONDENT|
||TO THE EMPLOYMENT EXCHANGE, KOZHIKODE,|
||ALONG WITH ANNEXURE -II|
W.P.(C).Nos.14429 of 2021, 14438 of 2021, 16205 of 2021, 16301 of 2021, 17000 of 2021 & 19674 of 2023
: 14 :
## **APPENDIX OF WP(C) 19674/2023**
|PETITIONER EXHIBITS||
|---|---|
|EXHIBIT P1|TRUE COPY OF THE EXPERIENCE CERTIFICATE|
||ISSUED TO THE PETITIONER BY THE|
||RAMANATTUKARA PANCHAYATH DATED|
||08.09.1994.|
|EXHIBIT P2|TRUE COPY OF THE CERTIFICATE ISSUED TO|
||THE PETITIONER NO.A4-7657/21 DATED|
||04.08.2021 BY THE RAMANATTUKARA|
||MUNICIPALITY|
|EXHIBIT P3|TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.|
||16239/2019 DATED 21.08.2019 OF THIS|
||HON'BLE COURT.|
|EXHIBIT P4|TRUE COPY OF THE INTERIM ORDER DATED|
||18.09.2018 IN W.P.(C) NO.30618/2018 OF|
||THIS HON'BLE COURT.|
|EXHIBIT P5|TRUE PHOTOCOPY OF THE INTERIM ORDER DATED|
||22.07.2021 IN W.P.(C) NO.14587/2021 OF|
||THIS HON'BLE COURT.|
|EXHIBIT P6|TRUE COPY OF THE MEMO DATED 09.06.2023|
||ISSUED BY THE 1ST RESPONDENT MUNICIPALITY|
||TO ONE OF THE CANDIDATES SPONSORED BY THE|
||EMPLOYMENT EXCHANGE.|
|EXHIBIT P7|TRUE COPY OF THE ORDER DATED 11.08.2021|
||IN W.P.(C) NO. 16301/2021 ISSUED BY THIS|
||HON'BLE COURT.|