The consent to waive employment rights by Sanitation Workers under local self-government is invalid if it conflicts with prior municipal decisions on regularization.

J U D G M E N T

Dated this the 12^th day of February, 2026 [W.P.(C) Nos. 22076 and 46256 of 2025]

The petitioners, who are working as Sanitation Workers on daily wage basis under the Pandalam Municipality, have filed these writ petitions seeking to direct respondents 1 and 2 to take a decision upon Ext.P4 resolution of the Municipality within a time frame and to quash Ext.P7. The petitioners also seek to declare that Clause Nos.6 to 8 of Ext.P6 Government Orders are not applicable to employees under the Local Self Government Institutions in view of Sections 222 to 224 of the Kerala Municipality Act .

2. Both these writ petitions relate to same set of facts and are heard together and disposed of by a common judgment. The parties and exhibits are referred to in this judgment as they are described / marked in W.P.(C) No.22076 of 2025 unless otherwise specified, for convenience.

3. Standing Counsel representing the Municipality entered appearance and resisted the writ petition. The Standing Counsel submitted that though the Municipality had taken Ext.P2 decision, in view of Ext.P6 Government Order, the Municipality is bound to insist that an agreement is signed by the employees like the petitioners.

4. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that the Government has already taken a decision that the Government may place any person who has worked continuously for 10 years or more on a contract for three years at a time. It has the opinion that such conversion is essential and is in public interest, after verifying that the performance, character and conduct of the person is excellent. However, no person working on daily wages or as casual worker will have any right or claim to be considered for appointment on contract basis and such appointment is solely at the discretion of the Government.

5. The petitioners would point out that similar claims for regularisation in respect of Punalur Municipality have been approved by the Government and permission was granted for regularisation of similarly situated Sanitation Workers as can be seen from Ext.P5.

6. I have heard the learned Counsel for the petitioners in both the writ petitions, the learned Government Pleader appearing for respondents 1 to 3 and the additional 7^th respondent and the learned Standing Counsel appearing for respondents 4 to 6.

7. It is not disputed that the petitioners have been working as Sanitation Workers under the Pandalam Municipality for long years. Taking into consideration the long years service rendered by the petitioners and the requirements of the Municipality in the sanitation work, the Municipality has taken a decision to regularise the appointment of the petitioners. The said decision was communicated to the Government as per Ext.P2 letter dated

15.07.2023.

8. The grievance of the petitioner is that while Exts.P2 and P4 decisions were under process, the Government issued Ext.P6 Government Order dated 19.04.2025 insisting that for further appointment on contract basis or daily wage basis, an affidavit should be obtained from the employment seekers undertaking that they will not claim permanent appointment in those posts in future. Based on Ext.P6 Government Order dated 19.04.2025, the Municipality is insisting the petitioners to enter into an agreement waiving their right for regularisation.

9. It is to be noted that the Municipality is the appointing authority in respect of sanitation workers and the Municipality has absolute control over them. Taking into consideration the long years of service rendered by the petitioners including the service during the Covid-19 pandemic period a