High Court Kerala High Court

M.N.Sreenivasan vs The District Collector on 19 March, 2007

Kerala High Court
M.N.Sreenivasan vs The District Collector on 19 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10852 of 2004(P)


1. M.N.SREENIVASAN, PART TIME SWEEPER,
                      ...  Petitioner
2. A.N.CHANDRIKA, PART TIME SWEEPER,

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.ASOK M.CHERIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.K.DENESAN

 Dated :19/03/2007

 O R D E R
                         K.K. DENESAN, J.



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                 W.P.(C) No. 10852 OF 2004 P

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                Dated this the 19th March, 2007



                         J U D G M E N T

The petitioners are Part-time Sweepers attached to

the Collectorate, Ernakulam. Exts. P9 and P10

certificates issued by the P.W.D. Engineer show that

the sweeping area allotted to the 1st petitioner is

456.58 Sq. ms. and the sweeping area allotted to the 2nd

petitioner is 402.85 sq.ms. respectively. It is

contended that if the area thus certified is taken into

account, the petitioners are entitled to get their

services regularised as Part-time Sweepers and to get

basic pay at the rates sanctioned for sweeping 400 sq.

ms. to 800 sq. ms. The emoluments now paid to the

petitioners is at a consolidated rate of Rs.600/- per

mensem and they feel seriously aggrieved.

2. Government have issued orders laying down

guidelines for allotting sweeping area for Part-time

Sweepers as also the procedure to be followed for

creation of additional posts wherever required. Govt.

Order dated 25-11-2005 deals with the procedure for

regularising the services of Part-time Sweepers and

WPC No.10852 /2004 -2-

sanctioning due pay scales or emoluments, as the case

may be. The petitioners have approached the Government

seeking orders based on Govt. Order dated 25-11-2005.

3. Ext. P11 representation filed by the

petitioners is pending with the 2nd respondent. Since

the petitioners are working in the Revenue Department,

Ext. P11 shall be transmitted to the Secretary to

Government in the Revenue Department. The request made

by the petitioners for regularising their services

taking into account relevant aspects in the light of

Govt. Order dated 25-11-2005 deserves consideration.

The Secretary to Government shall advert to Exts. P9

and P10 as also orders relevant on the subject, take

decision as early as possible and communicate the same

to the petitioners within two months from the date of

receipt of a copy of the judgment. Ordered

accordingly. The plea raised by the petitioners that

the total area as certified by the P.W.D. Engineer

comes to 4675 sq. ms. and the argument that an

equitable distribution of the total area by proper

apportionment among the 8 (eight) Part-time Sweepers

including the petitioners now working shall be made to

WPC No.10852 /2004 -3-

eliminate arbitrariness, shall also be considered.

With the above directions the writ petition is

disposed of.

K.K. DENESAN

JUDGE

jan/