IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2629 of 2008(K)
1. BINDU KRISHNANKUTTY, W/O.KRISHNANKUTTY,
... Petitioner
Vs
1. STATE OF KERALA - REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PANCHAYAT, DIRECTORATE
3. THE DEPUTY DIRECTOR OF PANCHAYATH,
4. KUDAYATHOOR GRAMA PANCHAYATH,
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :SRI.GEORGE MATHEW
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.2629 of 2008 (K)
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Dated, this the 18th day of June, 2010
J U D G M E N T
The petitioner is working as a Part Time Sweeper. She claimed
regularization in the light of the provisions contained in GO(P)
No.501/2005/Fin dated 25/11/2005. Earlier, when the petitioner
approached this Court in WP(C) No.29229/2004, this Court in Ext.P3
judgment directed the respondents therein to consider the matter.
Accordingly, the 1st respondent therein considered her claim and
passed Ext.P4 order dated 01/12/2007 rejecting the request. It is
challenging Ext.P4, this writ petition has been filed. Reason stated in
Ext.P4 is as follows:-
“Government have examined the case in details with the report of
the Director of Panchayats, Thiruvananthapuram read as second
paper above. There is no provision in G.O.(P) 501/05/Fin. dated
25/11/05, to regularise the service of Part-time Sweepers working
on daily wages. Therefore, the service of Smt.Bindu Krishnankutty
who is working as Part-time Sweeper on daily wages in
Kudayathoor Grama Panchayat cannot be regularised. Hence the
request of Smt.Bindu Krishnankutty in the representations read as
3rd paper above for regularisation of her service is rejected and the
Court direction in WP(C) 29229/04 is complied with accordingly.”
2. A perusal of the above shows that it was finally on the
WP(C) No.2629/2008
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ground that the petitioner was working as a Part Time Sweeper on
daily wages that her claim was rejected.
3. The learned counsel has produced before me a copy of
GO(P) No.61/2010/Fin. dated 09/02/2010, where the Government
have clarified that Part Time Sweepers engaged even on daily wages,
will also be entitled to the benefit of regularization as per GO(P)
No.501/2005/Fin. dated 25/11/2005. Therefore, in the light of
the Government Order dated 09/02/2010, objection against the
regularization of the petitioner as contained in Ext.P4 no longer
survives.
4. Therefore, Ext.P4 has to be quashed and I do so. The 1st
respondent is directed to pass fresh orders in the matter in the light
of the above and also taking into account the provisions of GO(P).
No.61/2010/Fin. dated 09/02/2010. Orders as above shall be
passed as expeditiously as possible, at any rate, within eight weeks
of production of a copy of this judgment. In the meantime, interim
order passed by this Court in the writ petition will remain in force.
The petitioner shall produce a copy of this judgment before
the 1st respondent for compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg