Appointments must comply with prescribed recruitment procedures to ensure legality and fairness in public service employment.

JUDGMENT

Dated this the 15th day of September, 2022 This writ petition is filed seeking the following reliefs:-

i)To Issue a writ of certiorari calling for the records leading to the appointment of respondent Nos. 6 to 13 as Substitute Sanitation Workers in the 3rd respondent Municipality and to set aside the same and declare that respondents 6 to 13 are not eligible to be appointed in the post.

ii) to declare that the appointment of respondent Nos. 6 to 13 as Substitute Sanitation Workers in the 3rd respondent Municipality is illegal, arbitrary and liable to be interfered with.

iii) to issue a Writ of Mandamus or order or direction to the 3rd and 4th respondents to conduct a fresh and proper interview to fill the 8 posts of Substitute Sanitation Workers in the 3rd respondent Municipality to which respondent Nos. 6 to 13 have now been appointed to, by cancelling the appointments given to respondents 6 to 13 in the post and to declare that the selection given to respondents 6 to 13 is illegal;

iv) to issue a writ of mandamus, order or direction directing respondents 3 and 4 to appoint the petitioners in the post of Substitute Sanitation Workers under the 3rd respondent, based on Exhibits P4 and P5, after recalling the appointment orders issued to respondents 6 to 13, in the matter.

2. Heard the learned counsel for the petitioners, the learned Government Pleader, the learned Counsel appearing for the respondents 3 and 4 as well as the learned Counsel appearing for the respondents 6 to 13.

3. It is submitted by the learned counsel for the petitioners that the appointment of respondents 6 to 13 without recourse to the employment exchange is against the orders issued by the Government and that the respondents 3 and 4 are duty bound to make appointments through the employment exchange.

4. A counter affidavit has been placed on record by the respondents 3 and 4 contending that the appointment of substitute sanitation workers was based solely on the marks secured by them in the interview conducted by the Municipality and that the participants of the interview were employment exchange hands as also the persons who were directed to be interviewed on the basis of the interim orders and judgments of this Court. It is submitted that there are 8 vacancies of contingent workers in the Municipality which have arisen on 30/8/2021, 30/5/2022, 30/6/2022 and 8/9/2021. It is submitted that those vacancies will be filled up by making appointments through the employment exchange.

5. The learned counsel for the petitioners submits that the petitioners are satisfied with a direction to the respondents 3 and 4 to fill up the 8 available vacancies of contingent workers through the employment exchange.

6. The learned counsel appearing for the contesting party respondents would contend that the said respondents have been regularised in service pursuant to the appointments granted to them.

Having considered the contentions advanced, there will be a direction to respondents 3 and 4 to fill up the existing vacancies of contingent workers in the Municipality through employment exchange as admitted by them. Appropriate steps shall be taken within a period of two months from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE ska APPENDIX OF WP(C) 1024/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR BEARING NO.

25941/G2/2013/LBR, DATED 05.02.2014 ISSUED BY THE

1ST RESPONDENT.

Exhibit P2 TRUE COPY OF NOTICE BEARING NO. H1 175558/15 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED

07.09.2021.

Exhibit P2(a) TRUE COPY OF THE NOTICE BEARING NO H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 07.09.2021.

Exhibit P2(b) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER DATED 07.09.2021.

Exhibit P2(c) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER DATED 07.09.2021.

Exhibit P2(d) TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 IS