IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22849 of 2008(T)
1. ANNAMMA CHACKO, PART TIME SWEEPER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PANCHAYATS,
3. THE DEPUTY DIRECTOR OF PANCHAYATS,
4. VECHOOCHIRA GRAMA PANCHAYAT,
For Petitioner :SRI.M.V.BOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :25/03/2009
O R D E R
V.GIRI, J.
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W.P.(C).No.22849 of 2008
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Dated this the 25th day of March, 2009.
JUDGMENT
The petitioner is working as a sweeper on daily
wages in the 2nd respondent panchayat since 1.2.2001. The
sweeping area serviced by her is in excess of 100 sq.m,
according to her. The petitioner claims that she has been
appointed as Part Time Sweeper, pursuant to the decision
taken by the panchayat on 19.1.2001.
2. The petitioner claims that the sweeping area
serviced by her is 479.87 sq.m., as evidenced by Ext.P6
report of the Assistant Engineer. The panchayat committee
decided to request the Deputy Director to regularise the
services of the petitioner. The panchayat also sought for
permission to promote the petitioner from the post of Part
Time Sweeper to the post of Full Time sweeper, after
declaring her probation. These requests were rejected under
Exts.P8 and P9. The writ petition has been filed challenging
Exts.P8 and P9.
W.P.(C).No.22849 of 2008
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3. The petitioner claims the benefit of G.O.(P)
No.501/05/Fin dated 25.11.2005 and claims the right to be
regularised on the ground that she has been in service since
1.2.2001, and the sweeping area is in excess of 100 sq.m.,
and that she has been continuously working as a casual
sweeper from the said date.
4. Learned Government Pleader points out that
G.O.(P)No.501/05/Fin essentially applies to cases where
casual sweepers have been engaged on a monthly wage basis
in offices where no posts have been sanctioned as such. In
such cases, subject to the satisfaction of other conditions,
the Government would sanction a post of Part Time Sweeper
and direct regularisation of the incumbent. The present is a
case were, according to the learned Government Pleader,
there was a temporary post of Part Time Sweeper in the
Vechoochira Grama Panchayat, in which case, the panchayat
should have appointed a person from the list sponsored by
the concerned employment exchange. They could not have
appointed the petitioner.
W.P.(C).No.22849 of 2008
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5. The petitioner has been working as Part Time
Sweeper in the panchayat. The panchayat ought not to have
appointed a person against a sanctioned post without
following the procedure for appointment. But the fact
remains that the petitioner has been working initially on daily
wage basis and thereafter on a consolidated payment of
Rs.600/- per month. The sweeping area serviced by the
petitioner is 479.87 sq.m, going by the certificate issued by
the Assistant Engineer of the Public Works Department
(Ext.P6).
6. In these circumstances, the Government should
consider the claim of the petitioner, if necessary by relaxing
the rigour of any other conditions contained in G.O.(P)
No.501/05/Fin, taking note of the fact that the petitioner has
actually been working with effect from 1.2.2001 and there
was a sanctioned post in the panchayat. Fresh orders shall
be passed on Ext.P10 filed by the petitioner in this regard,
after hearing the petitioner, in the light of the observations
made above, within six months from the date of receipt of a
copy of this judgment. The interim order already passed by
W.P.(C).No.22849 of 2008
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this court shall continue, till orders are passed by the
Government.
Writ petition is disposed of as above.
Sd/-
(V.GIRI)
JUDGE
sk/
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