Employment preference should be granted to petitioners addressing vacancies to ensure fair employment practices by the Municipality.

O R D E R

Dated this the 16th day of September 2020 The Municipality has filed Review Petitions against the judgments in W.P.(C) No.42501 of 2018 as well as Writ Petition No.25812 of 2018. An additional affidavit dated 14.9.2020 has been filed along with I.A.No.3 of 2020 stating as follows in paragraphs 4 to 9.

“4. I respectfully submit that there are 52 Wards in Palakkad Municipality. There are altogether 182 permanent sanitation workers who are distributed in 6 divisions. 54 of them are engaged or allotted work to clean public roads, parks, bus stands, markets and the Municipal office. 30 employees are engaged for removing waste through vehicles specified for the same. 59 of them are engaged for cleaning the public drainage. 21 of them are engaged for cutting the weeds and other plants that are growing in the main roads. They are using bush cutters for doing the work. They also disinfect by using power spray. Apart from this 9 sanitation workers are engaged in the Thumburmozhi waste treatment plant. 9 of them are engaged as drivers of the vehicles which are used for removing the waste.

5. I respectfully submit that at present the Municipality is able to satisfactorily do the sanitation works by employing the aforesaid 182 employees. Their man power is being used in an effective manner so as to avoid engaging temporary hands considering the acute financial crisis being faced by the Municipality.

6. I respectfully submit that apart from this, waste from the houses and other institutions are being collected by volunteers, 151 in number who are popularly known as Haritha Karmasena. The 3 members from each ward constitute the above force. They are recruited through Kudumbasree units. They are collecting waste from houses, shops and other institution. Once they started to function, the sanitation workers were relieved from the duty of primary collection of waste. These persons are being paid by the respective houses/shops/institutions. The Municipality is only providing them glouses, masks, uniforms and a trolli for removing the waste. They are being employed pursuant to an order issued by the Government in this regard. The burden of sanitation workers had been relieved much.

7. I respectfully submit that there are ward level committees engaged in cleaning works. The funds are provided by NHM and Suchitwa Mission. The employees who are undertaking the work are being engaged by the ward level committees on local basis. They are engaged in cutting and removing bushes, and for cleaning of drainage. They are being paid wages on daily basis. It is relevant to note that funds are being provided by the aforesaid missions and the funds of the Municipality are not being used at all.

8. I respectfully submit that various projects are being implemented in the Municipality. The eradication of mosquitoes and the cleaning activities before the monsoon seasons and various clearing activities in consonance with the festivals in the Municipality persons are being employed on temporary basis on being find out and are being employed on daily basis.

9. I respectfully submit that after the judgment in both the cases were rendered the review petitioner Municipality had not made any appointments of sanitation workers. The stand taken by the Municipality that they are not in a position to make regular appointments was taken on a bonafide manner. There is no malafide intention or even a remotest attempt to overreach the judgment rendered by this Hon'ble Court.”

2. The learned counsel for the writ petitioners submit that the Municipality is denying appointment to persons like petitioners who were sponsored by the Employment Exchange whereas the DLR workers are given employment regularly even if it is through National Health Mission (NHM) or Suchitwa Mission. According to the learned counsel for the writ petitioners, when there is sufficient work and vacancies in sanctioned posts, there is no reason to keep the writ petitioners away from employment.

3. From the affi