IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 18328 of 2006(R)
1. S.RAMANI,PART-TIME SWEEPER-CUM-PEON,
... Petitioner
2. P.D.KAVITHA, PART-TIME SWEEPER-CUM-PEON
3. M.J.SHEEBA, PART-TIME SWEEPER-CUM-PEON,
4. R.BINDU, PART-TIME SWEEPER-CUM-PEON,
Vs
1. STATE OF KERALA,REPRESENTED BY SECRETARY
... Respondent
2. HIGH COURT OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.JAJU BABU
For Respondent :SRI.KRB.KAIMAL
The Hon'ble MR. Justice K.K.DENESAN
Dated :07/02/2007
O R D E R
K.K.DENESAN, J
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W.P.(C)NO.18328 of 2006
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Dated this the 7th day of February, 2007
JUDGMENT
There are four petitioners in this writ petition. Going by the
statements made in the counter affidavit of the second respondent, the
first petitioner was working as Part-time Sweeper till her appointment
as Sweeper-cum-Peon (full time) with effect from 9.6.2005. Other
petitioners are Part Time Sweepers. The claim is for special allowance
at the rate of Rs.200/= per mensum with effect from 1.11.1998. The
special allowance is payable only to those performing duties in the
residence of the Hon’ble Judges in the High Court of Kerala.
2. The counter affidavit filed by the second respondent furnishes
the details relating to the period during which the petitioners had
worked as part-time contingent employees in the residence of the
respective Judges. Hence, instead of relying on the service particulars,
I consider it proper to accept the service details of the petitioners as
shown in Ext.R2(a). Relevant details are reproduced below for easy
reference.
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1. Smt.Remani
From 1.12.1999 to 24.12.1999
From 6.6.2001 to 29.8.2001
From 1.10.2001 to 31.10.2001
From 10.9.2002 to 24.3.2003
From 18.8.2003 to 22.12.2004
From 4.3.2005 to 8.6.2005
2. Smt.P.D.Kavitha
From 7.4.1999 to 12.7.1999
From 7.9.1999 to 18.9.1999
From 1.11.1999 to 30.11.1999
From 1.1.2002 to 31.1.2002
From 15.5.2002 to 1.1.2003
From 4.2.2003 to 15.12.2003
From 10.2.2005 to 15.3.2005
3. Smt.M.J.Sheeba
From 9.3.1999 to 4.5.1999
From 13.5.1999 to 1.6.1999
From 9.7.1999 to 27.7.2000
From 15.2.2001 to 1.10.2001
From 15.2.2002 to 19.11.2002
From 7.12.2002 to 9.5.2003
From 19.5.2003 to 31.12.2003
From 1.11.2004 to 25.4.2006
4. Smt.R.Bindu
From 1.11.1998 to 12.11.1999
From 1.6.2000 to 30.6.2000
From 15.7.2000 to 23.8.2003
From 2.2.2005 to 3.3.2005
From 23.3.2005 to 3.8.2005
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3. It is not disputed that the petitioners are eligible for the grant
of special allowance at the rate of Rs.200/= per mensum for attending
duty, as shown above. The only issue in dispute is about their
entitlement for special allowance with effect from 1.11.1998. According
to the first respondent, the allowance need be granted from the date
of Ext.P1 only, that is 27.5.2005. The petitioners submit that the
benefit shall be granted with retrospective effect from 1.11.1998.
4. It appears that the matter was under correspondence
between respondents 1 and 2 for quite sometime. Initial
correspondence was on the very question of granting special
allowance to certain categories of employees including part-time
contingent employees. This led to the issuance of Ext.P1. Thereafter
the correspondence was directed towards the claim for the grant of
special allowance from 1/11/1998. Government stuck to its stand that
the categories of employees shown in Ext.P1 will be entitled for
special/compensatory allowance with effect from the date of that order
only and refused to give retrospective effect to that. Hence writ
petitions were filed by some of the categories of the employees shown
in Ext.P1. Those writ petitions were disposed of by this Court as per
Exts.P3 and P4 judgments. Admittedly, Exts.P3 and P4 judgments
have become final.
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5. In answer to the contentions raised by the petitioners herein,
the first respondent has filed counter affidavit wherein it is stated that
retrospective effect cannot be given to the grant of compensatory or
special allowance, as according to the first respondent, retroactivity
will violate Article 49 of Kerala Financial Code Vol.1.
6. The petitioners as also the second respondent have raised
contentions to establish that in cases where specific dates have been
given for the grant of benefits like compensatory allowance/special
allowance as stated in the proviso to the Kerala Financial Code Vol.I,
the main part of that Article cannot stand in the way.
7. I do not consider it unnecessary to examine the correctness of
the rival contentions centering round the interpretation of Article 49 of
Kerala Financial code Vol.I, since according to me, this writ petition can
be disposed of without doing that exercise.
8. Heard both sides. As rightly pointed out by the counsel for the
petitioners as also the Senior Counsel appearing for the second
respondent, the petitioners who belong to the lowest rung of the
service cannot be treated disadvantageously than other categories
of employees who are included in Ext.P1 and in whose cases this Court
has passed judgments directing the government to give effect to
Ext.P1 order from 1.11.1998. Denial of similar benefits to the Part
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Time Sweepers will be plainly discriminatory and violation of their
fundamental rights under Articles 14 and 16 of Constitution of India. I
find merit in the above submissions made by the learned counsel.
9. It is necessary in the interest of justice to hold that the
petitioners shall be treated atleast in the same manner as those
belonging to the higher categories of employees mentioned in Ext.P1
and to whom the benefit has been granted with retrospective effect.
The writ petition, is therefore, allowed. There shall be a declaration
that the petitioners are entitled for the grant of special allowance of
Rs.200/= per month with effect from 1.11.1998 or such other periods
as are mentioned in Ext.R2(a). There shall be a direction that benefits
arising consequent on the above finding shall be made available to the
petitioners, as expeditiously as possible, in any event, within three
months from the date of receipt of a copy of the judgment.
K.K.DENESAN, JUDGE
css
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