High Court Kerala High Court

Radhamani.K vs State Of Kerala on 25 June, 2008

Kerala High Court
Radhamani.K vs State Of Kerala on 25 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5356 of 2005(K)


1. RADHAMANI.K.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT OFFICER,

3. THE SENIOR VETERINARY SURGEON,

4. THE SECRETARY,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice V.GIRI

 Dated :25/06/2008

 O R D E R
                  V.GIRI, J.
        -------------------------
            W.P.(C).No.5356 of 2005 K
        -------------------------
       Dated this the 25th day of June, 2008.

                    JUDGMENT

According to the petitioner, she has been

serving as a Casual Sweeper in the Champanthotty

Veterinary Poly Clinic since 1.4.2004. She has

approached this court seeking a direction to the

respondents from terminating her services and also

to give her salary and other service benefits with

arrears as provided in G.O.(P)No.3000/98 dated

25.11.1998. She has further sought for a

declaration that the decision in Mercy v. State

of Kerala {2004(2) KLT 848} applies to the

petitioner.

2. A detailed statement and a counter

affidavit have been filed by the Government.

Subsequent pleadings have also been placed on

record.

3. The absorption of casual sweepers in

part-time service and regularisation of service

and payment of wages on a par with the part-time

sweepers is governed by G.O.(P)No.501/05/Fin

dated 25.11.2005.

In the result, the writ petition is

disposed of in the following terms.

W.P.(C).NO.5356/05

:: 2 ::

(1) The petitioner shall make an

application before the 2nd respondent

for absorbing her as Part-time

Sweeper in the regular service. This

may be done within one month from

today.

(2) The 2nd respondent shall cause an

enquiry to be made into the said

application and if there is any

proposal to reject the petitioner’s

application, she must be given

intimation stating specific reasons

on the basis of which her application

is to be rejected.

(3) If the 2nd respondent accepts the

petitioner’s application, then it

shall be forwarded to the Government

within two months from the date of

receipt of the application from the

petitioner.

(4) Thereupon, the Government shall pass

orders thereon within a period of two

months thereafter.

(5) Till the aforementioned process is

completed, the petitioner shall be

permitted to continue in the same

capacity in which she is currently

placed.

Sd/-

(V.GIRI)
JUDGE
sk/
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