High Court Kerala High Court

Rajalakshmi vs The State Of Kerala on 4 November, 2010

Kerala High Court
Rajalakshmi vs The State Of Kerala on 4 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29633 of 2010(D)


1. RAJALAKSHMI, D/O.CHAMI EZHUTHASSAN,
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF CIVIL SUPPLIES,

3. THE DISTRICT SUPPLY OFFICER,

4. THE TALUK SUPPLY OFFICER,

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/11/2010

 O R D E R
                               S.SIRI JAGAN, J.

                        ==================

                         W.P.(C).No.29633 of 2010

                        ==================

                Dated this the 4th day of November, 2010

                               J U D G M E N T

The petitioner was a casual part time sweeper in the Taluk

Supply Office, Ottapalam. According to the petitioner, she has been

working there from 1999 onwards on daily wage basis and, therefore,

she is entitled to be regularised in service. But her claim for

regularisation in service has been rejected by Ext.P10 order of the Civil

Supplies Director, whereby, it has been held that since the Taluk

Supply Officer has reported that the petitioner has not worked in the

office on 25.11.2008 or prior to that date, the petitioner is not entitled

to regularisation in service. In Exts.P5 and P7, the Taluk Supply Officer

himself has stated that after 30.9.1999 the office never had any

permanent part time sweeper and the petitioner had worked only on

daily wages. Therefore, I passed the following interim order on

19.10.2010.

“The Government Pleader shall get instructions as to who was
the casual Part Time Sweeper working at Ottapalam Taluk Supply
Office from 1.10.1999 onwards insofar as in Exts.P5 and P7 it is stated
that the post of part time sweeper is vacant and employees are
employed on daily wages during the said time.

Post after two weeks.”

2. Today, the learned Government Pleader, on the basis of

the instructions received by him, submits that for intermittent periods

w.p.c.29633/10 2

the petitioner had in fact worked even prior to 25.11.2008. That being

so, the reason given in Ext.P10 is clearly unsustainable. Accordingly,

Ext.P10 is quashed and the 2nd respondent is directed to reconsider the

question of regularisation of the service of the petitioner in accordance

with the judgment of this Court and the Government orders issued

pursuant to the judgment, as expeditiously as possible, at any rate,

within two months from the date of receipt of a certified copy of this

judgment.

Sd/-

sdk+                                              S.SIRI JAGAN, JUDGE

          ///True copy///




                              P.A. to Judge