High Court Kerala High Court

Lalitha Kuttan vs State Of Kerala on 6 January, 2009

Kerala High Court
Lalitha Kuttan vs State Of Kerala on 6 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 583 of 2009(T)


1. LALITHA KUTTAN, W/O.KUTTAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. COMMISSIONER OF EXCISE,

3. ASSISTANT EXCISE COMMISSIONER,

4. EXCISE INSPECTOR,

                For Petitioner  :SRI.PAULY MATHEW MURICKEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :06/01/2009

 O R D E R
                      T.R. Ramachandran Nair, J.
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                       W.P.(C) No. 583 of 2009-T
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              Dated this the 6th day of January, 2009.

                                 JUDGMENT

The petitioner herein was a Part-time Sweeper working at Excise

Range Office, Varappuzha. She was appointed initially as a Casual

Sweeper on daily wages on 1.1.2001 and thereafter was given appointment

as Part-time Sweeper with effect from 1.6.2001. She continued in that

capacity up to 13.10.2008, on which date she was terminated, according to

her, without issuing any notice and without assigning any reason.

2. The petitioner’s complaint is that she was entitled to be regularised

in service as Part-time Sweeper by creation of a post in that category as per

G.O.(P) No.501/2005/Fin. Dated 25.11.2005 which is produced as Ext.P3.

As per Ext.P4, her case has been recommended by the Excise Inspector

which has been forwarded to the Asst. Excise Commissioner, Ernakulam for

further necessary action. It is stated that a subsequent proposal dated

12.2.2007 was also forwarded to the competent authority which is produced

as Ext.P5. Now, after her termination she has filed Ext.P8 representation.

Learned counsel for the petitioner prays for a direction to the first

respondent to take action on Ext.P8 in the light of Exts.P3 and P4.

WPC 583/2009 2

2. Therefore, there will be a direction to the first respondent to

consider and pass orders on Ext.P8 within a period of three months from the

date of receipt of a copy of this judgment. While considering the claim, the

first respondent will advert to the proceedings, Exts.P3, P4 and P5 before

passing final orders. The petitioner may be given an opportunity for

personal hearing also.

The writ petition is disposed of as above.

(T.R. Ramachandran Nair, Judge.)

kav/