IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12331 of 2009(J)
1. ELSAMMA, AGED 46 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY SECRETARY TO
... Respondent
2. NEEZHOOR GRAMA PANCHAYATH,
3. THE SECRETARY,
4. THE DIRECTOR OF PANCHAYATHS,
5. THE DEPUTY DIRECTOR OF PANCHAYATHS,
6. THE PRINCIPAL SECRETARY,
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 12331 of 2009 J
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Dated this the 30th day of June, 2009
JUDGMENT
Heard Sri. M.G.Karthikeyan, the learned counsel appearing for the
petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing
for respondents 1 and 4 to 6 and Sri. R.S.Kalkura, the learned counsel
appearing for respondents 2 and 3.
The petitioner is a Casual Sweeper engaged by the second
respondent panchayat ever since the year 1998. She claimed regularization
in service on the terms of G.O.(P) No.501/05/Fin dated 25-11-2005. Her
application for regularization in service was forwarded by the panchayat
along with Ext.P5 letter dated 21-8-2007 and Ext.P6 sweeping area
certificate. The Deputy Director of Panchayats, Kottayam however rejected
the petitioner’s request for regularization on the ground that as a daily rated
employee, she is not entitled to the benefit of G.O.(P) No.501/2005/Fin.
dated 25-11-2005. Ext.P7 order passed by the Deputy Director of
Panchayats, Kottayam is in that regard is under challenge in this writ
petition. The petitioner also seeks a writ in the nature of mandamus
W.P.(C) No. 12331 of 2009 2
commanding the respondents to regularize her in service as Part-time
Sweeper.
3. A reading of Ext.P7 indicates that the petitioner’s request for
regularization was rejected by the Deputy Director of Panchayats, Kottayam
on the short ground that the Government order dated 25-11-2005 does not
govern Casual Sweepers appointed on daily wage basis. A learned Single
Judge of this Court has in W.P.(C) No. 19186 of 2005 and connected cases
held that the Government order dated 25-11-2205 would govern casual
employees engaged on daily wage basis also. A similar view has been taken
by another learned Judge of this Court in W.P.(C) No. 26149 of 2008.
Ext.P6 discloses that total sweeping area of the office where the petitioner is
employed exceeds 100 Sq. mts. The petitioner is therefore entitled to be
regularized in service.
In the result, the writ petition is allowed, Ext.P7 is quashed and the
Government are directed to pass orders regularizing the service of the
petitioner in terms of G.O.(P) No. 501/2005/Fin. dated 25-11-2005. In
order to enable the Government to act as directed above, the Deputy
Director of Panchayats, Kottayam shall forward the files to the Government
along with the accompanying documents. This shall be done within one
month from the date on which the petitioner produces a certified copy of
W.P.(C) No. 12331 of 2009 3
this judgment before him. The Government shall within three months
thereafter pass orders as directed above, after affording the petitioner a
reasonable opportunity of being heard. Till such time, status quo as on today
shall be maintained. The Government shall after orders are passed as
directed above, communicate a copy thereof to the petitioner and the third
respondent.
P.N.RAVINDRAN,
JUDGE.
mn.