IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13358 of 2007(M)
1. THANKAMMA K.K.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF AGRICULTURE,
3. THE PRINCIPAL AGRICULTURAL OFFICER,
4. THE AGRICULTURAL OFFICER,
For Petitioner :SRI.M.SASINDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/08/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.13358 of 2007 (M)
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Dated, this the 17th day of August, 2010
J U D G M E N T
According to the petitioner, she is working as Part Time
Sweeper in Krishi Bhavan, Elamkunnapuzha in Ernakulam District
since 02/06/1989. It is stated that she is entitled to the benefit of
regularisation in terms of the provisions contained in Ext.P2
Government Order. Petitioner also relies on Ext.P1 Sweeping Area
Certificate issued by the Assistant Executive Engineer, in which the
sweeping area is found to be 108.79 sq.m. According to the
petitioner, despite of the above, she submitted Ext.P3 application
for the benefit of regularisation and orders of regularisation have
not been passed by the respondents. It is in these circumstances,
this writ petition has been filed.
2. From the counter affidavit filed by the 1st respondent, it
would appear that the Officials of the Finance (Inspection-Technical
Wing) Department inspected Krishi Bhavan, Elamkunnappuzha for
verifying the sweeping area and it was reported that the actual
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sweeping area of Krishi Bhavan, Elamkunnapuzha is only 78.02
sq.m. It is stated that since the sweeping area is less than 100
sq.m., the petitioner is not entitled to regularisation as per Ext.P2
Government Order.
3. However, fact remains that verification by the Finance
Department was done without issuing notice to the petitioner.
Therefore, the claim of the petitioner relying on Ext.P1 Sweeping
Area Certificate issued by the Assistant Executive Engineer could not
have been rejected, on the basis that such a certificate was obtained
as per the verification done by the Finance Department without
issuing notice to her.
In that view of the matter, I direct that the 4th respondent shall
get the area swept by the petitioner measured by the Executive
Engineer of the PWD in terms of the guidelines incorporated in GO
(P) No.501/2005/Fin. dated 25/11/2005, and if the sweeping area
is certified to be more than 100 sq.m., the 4th respondent will
submit a proposal for regularistion of the petitioner’s service to the
2nd respondent, who shall take up the matter with the 1st
respondent. Thereupon the 1st respondent shall pass fresh orders
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dealing with the claim of the petitioner for regularisation of her
services. The Sweeping Area Certificate shall be obtained by the 4th
respondent as expeditiously as possible, at any rate, within six
weeks from today and if a proposal is received, the 1st respondent
shall pass orders in the matter as expeditiously as possible, at any
rate, within three months of its receipt.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg