MINIMOL Vs. DIRECTOR OF MUNICIPALITIES

JUDGEMENT

(1.) These two Writ Petitions are posted before me for the reason that the Registry has declined to number them. According to the Registry, these Writ Petitions are to be filed before the Kerala Administrative Tribunal and not before this Court. In view of Notification No. A1 16491/2011 dated 21.12.2011, constituting the Kerala Administrative Tribunal w.e.f. 22.12.2011, the Registry has notified that cases falling within the jurisdiction of said Tribunal would not be entertained by this Court. Therefore, the Registry has refused to number these cases. The counsel took exception to the action of the Registry, disputed the stand that this Court lacked jurisdiction and requested that the matters be posted before the bench. Accordingly, these cases are posted before me and have been heard by me today.

(2.) According to Sri. M.P. Ashok Kumar, counsel for the petitioner in ZWPC No: 2/2012, the petitioner in the said Writ Petition is working as a Health Inspector Grade II in the Palakkad Municipality and is an employee of the Municipality. His salary is paid by the Municipality. His appointing authority as well as disciplinary authority is the Municipality. Therefore it is contended that the subject matter of the said Writ Petition does not relate to service under the State.

(3.) According to Sri. Elvin Peter P.J., counsel for the petitioner in ZWPC No: 3/2012, the petitioner is a Revenue Inspector in the Cochin Corporation. Her salary is paid by the Corporation and she is part of the Municipal Common Service, which is not a service under the Government. Therefore, the counsel in both the cases contend that the above Writ Petitions can be entertained by this Court.