IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6314 of 2009(H)
1. B.SANTHA, SWEEPER, OFFICE OF THE
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE KERALA STATE HOUSING BOARD,
3. THE EXECUTIVE ENGINEER,
For Petitioner :SMT.SREEDEVI KYLASANATH
For Respondent :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :01/04/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) No. 6314 of 2009
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Dated this the 1st day of April, 2009
JUDGMENT
The petitioner is working as Sweeper under the 2nd respondent, Kerala
State Housing Board. It is submitted that she had been working as such
from 1995 onwards. Initially, she was appointed on contract basis which
was being renewed from time to time. At present she is getting Rs.1700/-
per mensem as salary as per Agreement No.21/2008 dated 30.09.2008
(Ext.P1).
2. Petitioner seeks regularisation in service in the light of G.O.(P)
No.501/2005/Fin. dated 25.11.2005. It is pointed out that the sweeping
area of the office is 670.50 sq.meters and accordingly, the petitioner is
entitled for regularisation as provided by the Government Orders from time
to time along with the benefits of Pay Revision.
3. On instructions, a statement has been filed by the learned Standing
Counsel for the Housing Board. It is stated in para 8 of the statement that
the proposal for the creation of post and regularisation of casual sweepers
has been taken up with the Government and further course of action will be
taken as directed by the Government, the first respondent. It is further
pointed out that decision regarding the regularisation of employees on
contract basis in the Board depends on various aspects such as availability
of sanctioned post, financial position of the Board, directions from
Government etc. At present there is no existing vacancy in the post of Part
wpc/6314/2009
2
Time Sweeper. It is further stated in para 9 that the matter of
regularisation of casual sweepers including the petitioner has already
been taken up with the Government based on the Board decision dated
16.02.2008 and also based on G.O.(P) No.501/2005/Fin. dated
25.11.2005. Therefore, the Government will have to take a decision in
the matter.
The Writ Petition is disposed of directing the first respondent to
take a decision as requested by the second respondent Kerala State
Housing Board. Appropriate orders will be passed on the said request
of the second respondent and Ext.P8 representation filed by the
petitioner within a period of three months from the date of receipt of a
copy of this judgment and depending upon the order thus passed by the
Government, appropriate benefits will be granted to the petitioner.
T.R.RAMACHANDRAN NAIR,
JUDGE
bps