IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29633 of 2010(D)
1. RAJALAKSHMI, D/O.CHAMI EZHUTHASSAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF CIVIL SUPPLIES,
3. THE DISTRICT SUPPLY OFFICER,
4. THE TALUK SUPPLY OFFICER,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :04/11/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.29633 of 2010
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Dated this the 4th day of November, 2010
J U D G M E N T
The petitioner was a casual part time sweeper in the Taluk
Supply Office, Ottapalam. According to the petitioner, she has been
working there from 1999 onwards on daily wage basis and, therefore,
she is entitled to be regularised in service. But her claim for
regularisation in service has been rejected by Ext.P10 order of the Civil
Supplies Director, whereby, it has been held that since the Taluk
Supply Officer has reported that the petitioner has not worked in the
office on 25.11.2008 or prior to that date, the petitioner is not entitled
to regularisation in service. In Exts.P5 and P7, the Taluk Supply Officer
himself has stated that after 30.9.1999 the office never had any
permanent part time sweeper and the petitioner had worked only on
daily wages. Therefore, I passed the following interim order on
19.10.2010.
“The Government Pleader shall get instructions as to who was
the casual Part Time Sweeper working at Ottapalam Taluk Supply
Office from 1.10.1999 onwards insofar as in Exts.P5 and P7 it is stated
that the post of part time sweeper is vacant and employees are
employed on daily wages during the said time.
Post after two weeks.”
2. Today, the learned Government Pleader, on the basis of
the instructions received by him, submits that for intermittent periods
w.p.c.29633/10 2
the petitioner had in fact worked even prior to 25.11.2008. That being
so, the reason given in Ext.P10 is clearly unsustainable. Accordingly,
Ext.P10 is quashed and the 2nd respondent is directed to reconsider the
question of regularisation of the service of the petitioner in accordance
with the judgment of this Court and the Government orders issued
pursuant to the judgment, as expeditiously as possible, at any rate,
within two months from the date of receipt of a certified copy of this
judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge