IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 5145 of 2009(K) ------------------------- PETITIONER(S): --------------- C.K. USHA, W/O. SUGATHAN, PART-TIME SWEEPER, POTHANIKAD GRAMA PANCHAYATH OFFICE, POTHANIKAD P.O., MOOVATTUPUZHA, ERNKULAM DIST. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT,DEPARTMENT OF LOCAL SELF GOVERNMENTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, KAKKANAD, E RNAKULAM, 4. POTHANIKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POTHANIKAD P.O., MOOVATTUPUZHA, ERNAKULAM. MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5145/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPOINTMENT ORDER DATED 11/05/1998 BY THE PANCHAYAT IN RESPECT OF THE PETITIONER. P2 : COPY OF LETTER DATED 30/05/2002 ISSUED BY R3. P3 : COPY OF LETTER NO.3923/H3/99/LAD DATED 13/05/1999 ISSUED BY GOVERNMENT. P4 : COPY OF JUDGMENT DATED 08/10/2003 IN WP(C) NO.28043/2003 BY THIS THIS COURT. P5 : COPY OF JUDGMENT DATED 07/10/2003 IN WP(C) NO.28060/2003 BY THIS COURT. P6 : COPY OF ORDER NO.C-132/04 DATED 04/09/2004 BY R4. P7 : COPY OF JUDGMENT DATED 23/11/2004 IN WP(C) NO.26697/04. P8 : COPY OF GO(MS) NO.501/2005/FIN. DATED 25/11/2005. P9 : COPY OF GO(P) NO.152/75/PD DATED 02/08/1975. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5145 of 2009 (K) --------------------------------- Dated, this the 3rd day of August, 2010 J U D G M E N T According to the petitioner, since 12/05/1998, she has been working as a Part Time Sweeper under the 4th respondent Panchayat. It is stated that she is entitled to regularisation in terms of the provisions contained in GO(P) No.501/2005/Fin. dated 25/11/2005. According to the petitioner, the sweeping area has been measured as 425 sq.m., and therefore, she is entitled to be regularised in service. 2. GO(P) No.501/2005/Fin referred to above provides for regularisation, in cases where proposals are made by the concerned authorities. In this case, the petitioner claims to be a Part Time Sweeper under the 4th respondent, and therefore, it is for the 4th respondent to get the Sweeping Area Certificate as contemplated in the Government Order referred to above and make a proposal to the 2nd respondent, who in turn has to seek orders of regularisation of the 1st respondent. WP(C) No.5145/2009 -2- 3. Therefore, I dispose of the writ petition directing that the 4th respondent shall consider the case of the petitioner for regularisation in terms of the Government order referred to above and make necessary proposal to the 2nd respondent, who in turn shall place it before the 1st respondent for orders. Learned counsel for the petitioner submits that arrears of revised wages pursuant to pay revision orders are yet to be disbursed. Taking into account the aforesaid grievance of the petitioner, it is directed that the 4th respondent will disburse arrears of revised wages, if any, due to the petitioner. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg