State Of Kerala vs V.Asya on 26 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1811 of 2009()


1. STATE OF KERALA, REPRESENTED BY
                      ...  Petitioner
2. THE DISTRICT COLLECTOR, PALAKKAD.
3. THE TAHSILDAR, MANNARKKAD TALUK OFFICE,

                        Vs



1. V.ASYA, PART-TIME CASUAL SWEEPER,
                       ...       Respondent

2. K.N.SUMATHY, PART-TIME CASUAL SWEEPER

3. NABEESA, PART-TIME CASUAL SWEEPER

4. S.A.ANTONY, PART-TIME CASUAL SWEEPER

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :26/08/2009

 O R D E R
             KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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                W.A. Nos.1811 & 1835 of 2009
               ----------------------------------------------
                     Dated 26th August, 2009.

                           J U D G M E N T

Kurian Joseph, J.

These are appeals filed by the State aggrieved by the

judgment of the learned Single Judge regarding fixation of wages

of Part Time Sweepers. It is not in dispute that the Part Time

Sweepers involved in these cases are engaged for the sweeping

and cleaning works in the Village Offices concerned. The

strenuous contention of the learned Government Pleader is that

the sweeping area is, as a matter of fact, below 100 square

meters. But we do not think that in the facts of these cases,

particularly in view of the binding judgment(Ext.P1), wherein

there is a declaration that the area to be swept is above 100

meters, these contentions need be gone into. It is true, as rightly

pointed out by the Government Pleader that the measurement is

prior to the issuance of the Government Order, G.O.(P)No.501/05

dated 25.11.2005. But as already noted by us above, for

sweeping the entire Village Office, there is only one Part Time

Sweeper, though they are otherwise designated as casual. We

find that all these contentions have been taken by the State

WA Nos.1811 & 1835/09 2

before this court in W.A.2828/07 and being aggrieved, the matter

was pursued before the Supreme Court and the Supreme Court

also dismissed Civil Appeal No.15693/08 by order dated

23.2.2009. Therefore, it is not necessary for this court to go into

the merits of the cases. The Writ Appeals are hence dismissed.

KURIAN JOSEPH, JUDGE.

C.T.RAVIKUMAR, JUDGE.

tgs

KURIAN JOSEPH &

C.T.RAVIKUMAR, JJ.

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W.A. Nos.1811 & 1835 of 2009

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J U D G M E N T

Dated 26th August, 2009.