IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12583 of 2008(W)
1. J.MAHESWARI, PART TIME CONTINGENT
... Petitioner
2. S.AMBIKA DEVI, PART TIME CONTINGENT
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. CHAIRMAN, KERALA STATE ELECTRICITY BOARD
3. CHIEF ENGINEER (HRM) KERALA STATE
For Petitioner :SRI.P.M.PAREETH
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/11/2008
O R D E R
P.N.Ravindran, J.
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W.P(C).No.12583 of 2008
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Dated this the 6th day of November, 2008.
JUDGMENT
The petitioners are Part-time Scavengers working on contract basis
in the Kerala State Electricity Board, hereinafter referred to as the
“Board”, for short. The first petitioner claims that he is working since
1990 and the second petitioner claims that he is working since 1996.
The petitioners submit that pursuant to the direction issued by this
Court in Ext.P8 in O.P.No.16733 of 1998, the services of six Part-time
Sweepers/Scavengers were regularised as per Ext.P9 Board order dated
17.7.1997. The petitioners contend that they are also similarly placed
and are also entitled to be regularised in service and that they have in
Exts.P10 and P11 representations submitted to the Secretary of the
Board claimed regularisation in service.
2. The first respondent has filed a counter affidavit contending
inter alia that Government orders governing regularisation of casual
employees do not apply to the Board and that in view of the Special
Rules, the petitioners cannot claim or be granted regularisation in
service. The learned counsel for the petitioners submit that as the
petitioners are similarly situated as the six persons who were regularised
by Ext.P9 order, the petitioners are also entitled to regularisation. Faced
with that situation, the learned standing counsel appearing for the Board
WP(C) 12583/08 -: 2 :-
submitted that the Board will consider the request made by the
petitioners in Exts. P10 and P11 representations and pass orders thereon
at the earliest.
3. The Writ Petition is accordingly disposed of with a direction to
the Secretary of the Board to place Exts.P10 and P11 before the Board.
The Board shall thereupon consider Exts.P10 and P11 representations in
the light of Ext.P9 Board order dated 17.7.2007 and take a final decision
in the matter. The Board shall while considering the request made by the
petitioner in Exts.P10 and P11 take note of the fact that the petitioners
are working as Part-time Scavengers since 1990 and 1996 respectively.
Final orders in the matter shall be passed within three months from the
date of receipt of a copy of this judgment.
P.N.Ravindran,
Judge.
ess 8/11