IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19698 of 2004(T)
1. T.T. DEVAYANI, AGED 48 YEARS,
... Petitioner
Vs
1. KERALA MOTOR WORKERS WELFARE FUND BOARD,
... Respondent
2. THE DISTRICT EXECUTIVE OFFICER,
For Petitioner :SRI.RENJITH THAMPAN
For Respondent :SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :31/08/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 19698 of 2004
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Dated this the 31st day of August, 2010.
J U D G M E N T
The petitioner is working as a part-time sweeper in the office
of the 2nd respondent continuously from October 1999 onwards.
Originally, the petitioner was paid monthly salary of Rs.110/-
which was enhanced to Rs.600/- per month. Petitioner was also
being paid bonus every year at the rate of Rs.500/-. Petitioner
filed a representation for permission to continue as part time
sweeper and for regularisation of the service of petitioner. On
receipt of Ext.P2, the first respondent terminated the service of
the petitioner. It is under the above circumstance petitioner has
filed this writ petition seeking the following reliefs:-
“I. issue a writ in the nature of mandamus
commanding the respondents not to discharge
the service of the petitioner as part time
sweeper in the 2nd respondent’s office and not
replace her with a temporary hand.
I (a). declare that in view of Ext.P3, the
petitioner is entitled to be regularized in the
post of part time contingent employee,
created in the office of the 2nd respondent, on
the basis of the actual sweeping area
available in the 2nd respondent’s office.”
W.P.(C).No. 19698 of 2004 2
II. issue a writ in the nature of mandamus
commanding the respondents not to
terminate the service of the petitioner
without following the statutory proceedings.
III. issue a writ in the nature of mandamus
commanding the 1st respondent to consider
and pass orders on Ext.P2 within such time as
may be fixed by this Hon’ble Court.
IV. Issue such other orders, writs or directions
as are deemed fit by this Hon’ble Court;
V. Award cost of this proceeding to the
petitioner."
2. A counter affidavit has been filed wherein the contention
taken by the first respondent is that by Ext.R1(a) the District
Employment Officer, Thrissur, informed the first respondent that
the engagement of the petitioner is in violation of the
Employment Exchange Compulsory Notification Act 1959 and,
therefore, the service of the petitioner has to be terminated and
the vacancy notified to the Employment Exchange. The first
respondent therefore seeks to justify the action taken by the first
respondent in terminating the service of the petitioner.
3. Petitioner would contend that petitioner was also
originally engaged by undergoing a selection process, since no
candidate were available with the Employment Exchange, which
was certified by Local Employment Exchange. She further
W.P.(C).No. 19698 of 2004 3
contends that in view of Ext.P3 Government Order, she is
entitled to be continued to be engaged and also for regularisation
in service.
4. I have considered the rival contentions in detail. By virtue
of the interim order passed in this case the petitioner is
continuing in service. In Ext.P3 Government Order passed in
respect of engagement and regularisation of casual sweepers it
is directed thus in paragraph 8:-
“8.For the regularisation of the existing casual
sweepers (where the sweeping area exceeds
100 sq.mtrs.), creation of posts of part-time
contingent employees depending on the
sweeping area has to be made. The sweeping
area will be calculated in accordance with the
guidelines given in the Appendix. If, on
fixation, the area is seen to exceed 100 sq.
mtrs. and if there is no post of part-time
sweeper sanctioned for the office in question,
but there is a casual sweeper being engaged
the Head of the Office shall immediately take up
with the Government for creation of a post of
part-time contingent sweeper. Copies of the
certificate of the PWD Engineer and full details
of the case in the pro forma in the Annexe shall
be furnished along with the proposal. The
Administrative Department in Government shall
then issue orders (within a period of 4 months
from the date of this order), in consultation
with the Finance Department, for the creation
of the post of part-time sweeper in relaxation of
the economy orders and absorbing the existing
Casual Sweeper by giving the remuneration of
Rs.1,250/- plus D.A. p.m (for area of 100
sq.mtrs. and above but below 400 sq. mtrs.)W.P.(C).No. 19698 of 2004 4
and Rs.1500 plus D.A. p.m.(for area of 400
sq.mtrs. and above but below 800 sq. mtrs.).
The posts shall be created only with prospective
effect and all absorption/regularisation also
shall be done with prospective effect only. No
back arrears shall be payable. The period
spent prior to regularisation being casual
service shall not count for any purpose.”
I am satisfied that petitioner is entitled to the benefit of
the said Government Order. In the above circumstances, this
writ petition is disposed of directing the first respondent to take
steps in accordance with the above said Government Order in the
matter of engagement and regularisation of the petitioner as a
sweeper. Needless to say, in view of my above findings, the
petitioner has to be continued to be engaged as part-time
sweeper till final orders are passed in accordance with Ext.P3
Government Order which shall be done as expeditiously as
possible, at any rate within 2 months from the date of receipt of
a copy of this judgment.
S.SIRI JAGAN, JUDGE
mns