IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WA.No. 1811 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35322/2008 Dated 30/03/2009 .................... APPELLANT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE (EXPENDITURE-A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR, MANNARKKAD TALUK OFFICE, PALAKKAD. BY GOVT.PLEADER SRI.BENNY GERVASIS RESPONDENT(S): --------------- 1. V.ASYA, PART-TIME CASUAL SWEEPER, VILLAGE OFFICE, PALAKKAYAM VILLAGE, PALAKKAD. 2. K.N.SUMATHY, PART-TIME CASUAL SWEEPER VILLAGE OFFICE, MANNARKKAD, PALAKKAD. 3. NABEESA, PART-TIME CASUAL SWEEPER VILLAGE OFFICE, KOTTOPPADAM II VILLAGE PALAKKAD. 4. S.A.ANTONY, PART-TIME CASUAL SWEEPER VILLAGE OFFICE, SHOLAYAR VILLAGE, PALAKKAD. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2009, ALONG WITH W.A.1835/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. Nos.1811 & 1835 of 2009 ---------------------------------------------- Dated 26th August, 2009. J U D G M E N T Kurian Joseph, J. These are appeals filed by the State aggrieved by the judgment of the learned Single Judge regarding fixation of wages of Part Time Sweepers. It is not in dispute that the Part Time Sweepers involved in these cases are engaged for the sweeping and cleaning works in the Village Offices concerned. The strenuous contention of the learned Government Pleader is that the sweeping area is, as a matter of fact, below 100 square meters. But we do not think that in the facts of these cases, particularly in view of the binding judgment(Ext.P1), wherein there is a declaration that the area to be swept is above 100 meters, these contentions need be gone into. It is true, as rightly pointed out by the Government Pleader that the measurement is prior to the issuance of the Government Order, G.O.(P)No.501/05 dated 25.11.2005. But as already noted by us above, for sweeping the entire Village Office, there is only one Part Time Sweeper, though they are otherwise designated as casual. We find that all these contentions have been taken by the State WA Nos.1811 & 1835/09 2 before this court in W.A.2828/07 and being aggrieved, the matter was pursued before the Supreme Court and the Supreme Court also dismissed Civil Appeal No.15693/08 by order dated 23.2.2009. Therefore, it is not necessary for this court to go into the merits of the cases. The Writ Appeals are hence dismissed. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. Nos.1811 & 1835 of 2009 ---------------------------------------------- J U D G M E N T Dated 26th August, 2009.