State Of Kerala Represented By vs R.Ambika on 16 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2200 of 2009()


1. STATE OF KERALA REPRESENTED BY
                      ...  Petitioner
2. THE DIRECTOR OF AGRICULTURE,
3. THE PRINCIPAL AGRICULTURAL OFFICER,
4. AGRICULTURAL OFFICER,

                        Vs



1. R.AMBIKA, W/O.VIJAYAN,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

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

 Dated :16/10/2009

 O R D E R
          KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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                   W.A. No.2200 of 2009
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                 Dated 16th October, 2009.

                        J U D G M E N T

Kurian Joseph, J.

C.M.Appln.1034/2009: Heard. Delay condoned.

This appeal is 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 Sweeper involved in this case is engaged for the

sweeping and cleaning works in the Krishi Bhavan, Adoor.

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 this

case, 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 Krishi Bhavan

office, there is only one Part Time Sweeper, though she is

otherwise designated as casual. We find that all these

W.A.No.2200/2009
-: 2 :-

contentions have been taken by the State 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 case. The Writ Appeal is hence

dismissed.

KURIAN JOSEPH, JUDGE.

C.T.RAVIKUMAR, JUDGE.

ahg

KURIAN JOSEPH &

C.T.RAVIKUMAR, JJ.

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W.A.No.2200/2009

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J U D G M E N T

Dated 16th October, 2009.