High Court Kerala High Court

Shylaja.S. vs The Director Of Social Welfare on 24 October, 2008

Kerala High Court
Shylaja.S. vs The Director Of Social Welfare on 24 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35815 of 2007(L)


1. SHYLAJA.S., PART-TIME SWEEPER,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF SOCIAL WELFARE,
                       ...       Respondent

2. THE CHILD DEVELOPMENT PROJECT OFFICER,

3. PRINCIPAL SECRETARY TO GOVERNMENT

4. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.ASOK M.CHERIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :24/10/2008

 O R D E R
                        P.N.RAVINDRAN, J.
                          ===============
                  W.P.(C).No.35815 of 2007 - L
                ===============================
            Dated this the 24th day of October, 2008.

                          J U D G M E N T

The petitioner is working as a casual sweeper in the

Integrated Child Development Project Office at Sasthamkotta

from 1.2.1996 onwards. She claims regularisation in service

relying on Ext.P1 Government Order dated 25.11.2005. While

the petitioner was working as casual sweeper in the Integrated

Child Development Project Office at Sasthamkotta, by Ext.P3

letter dated 15.11.2007, the Director of Social Welfare directed

the Project Officer, Sasthamkotta to take steps to recruit a part

time sweeper through the employment exchange for regular

appointment and to terminate the existing part time sweeper

when the regular hand joins duty. This writ petition was

thereupon filed challenging Ext.P3 and seeking a writ in the

nature of mandamus commanding the respondents to regularise

the petitioner in service.

2. The respondents have filed a counter affidavit

admitting the fact that the petitioner is working as casual

W.P.(C).No.35815 of 2007 – L 2

sweeper in the Integrated Child Development Project Office at

Sasthamkotta from 1.2.1996 onwards. They however contend

that Ext.P1 Government Order contemplates regularisation of

casual sweepers who are working against non sanctioned posts

and in sanctioned posts only regular appointment can be made

and that in sanctioned posts, regularisation is not contemplated

by Ext.P1 Government Order. Yet another contention raised is

that though a regular selection through the Employment

Exchange was resorted to, that selection was set aside by this

Court and the appointment of a regular sweeper was held up for

that reason.

3. I have considered the submissions made at the Bar by

the learned counsel appearing on either side. The main objection

raised by the respondents to the petitioner’s request for

regularisation is that Ext.P1 Government Order contemplates

regularisation of part time casual sweeper in service after a post

is created. In other words, the respondents contend that where

ever there is an existing sanctioned post and casual sweepers are

occupying such posts, regularisation cannot be made. In my

W.P.(C).No.35815 of 2007 – L 3

considered opinion, there is no merit in the said contention.

Paragraphs 2, 8 and 13 of Ext.P1 would indicate that if casual

sweepers are working against sanctioned posts they are entitled

to be regularised. But where no post exists, a post of part time

contingent sweeper can be created if the sweeping area exceeds

100 square metre. In other words, the regularisation

contemplated in Ext.P1 is not of casual sweeper working against

non sanctioned posts alone as contended by the respondents. In

the absence of a stipulation to the effect that only casual

sweepers working against non sanctioned posts are entitled for

regularisation, such a stipulation cannot be read into Ext.P1. The

stand taken by the respondents cannot therefore be

countenanced. I notice that a similar contentions raised in W.P.

(C).No. 15520/2006 was rejected by Ext.P4 judgment. In Ext.P4

judgment, after noticing the fact that petitioner therein was

working against a sanctioned post, this Court held that as the

petitioner therein was working against a sanctioned post, no

order creating the post need be issued and that what is required

to be done is to pass an order regularising the petitioner. I

W.P.(C).No.35815 of 2007 – L 4

therefore quash Ext.P3 and direct the respondents to take steps

to regularise the petitioner in the existing post of part time

sweeper in the Integrated Child Development Project Office at

Sasthamkotta. Orders in that regard shall be passed within two

months from the date of receipt of a copy of this judgment.

Needless to say, the petitioner will also be entitled to all

consequential benefits in terms of Ext.P1 Government Order and

the pay revision orders issued from time to time.

P.N.RAVINDRAN, JUDGE.

bkn/-