IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 3888 of 2009(K) ------------------------- PETITIONER: --------------- K.VIJAYALAKSHMI W/O. KUNJU NAIR, PART -TIME SWEEPER THALAKKAD VILLAGE OFFICE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPT. OF AGRICULTURE GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE OFFICE OF THE COMMISSIONER OF LAND REVENEU THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR MALAPPURAM. 4. THE TAHSILDAR TIRUR TALUK ,MALAPPURAM DISTRICT. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 3888 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T Petitioner is presently working as Part-time Sweeper in Thalakkad Village office under the 4th respondent. The grievance raised in the writ petition is against the reduction of monthly scale of pay from Rs.1250 + D.A to Rs.1000/- illegally. 2. Petitioner had approached this Court earlier by filing OP No.4341 of 2003 which was disposed of by Exhibit-P1 judgment. This Court declared that the petitioners are eligible to get salary in the scale of pay applicable to part-time sweepers appointed on regular basis. A declaration to that effect was also granted. The concerned controlling officers were directed to draw and disburse the salary arrears due to the petitioners for the period they have actually worked taking into account the period of revisions also within four months from the date of receipt of a copy of judgment. W.P ( C) No. 3888 of 2009 2 2. Petitioner has averred that actually she was paid regular scale of pay and arrears of salary also. From January 2006 onwards it was again reduced to Rs.600/- per month on the allegation that the sweeping area is less. Petitioner approached this Court by filing WPC No.4511 of 2006,wherein, Exhibit-P3 interim order was passed. Ultimately the writ petition was disposed by Exhibit-P5 judgment, wherein, this Court held that the point raised by the petitioner is covered by the judgment of this Court in WPC 18137 of 2006 and connected writ petitions in favour of the petitioner. The said judgment is produced as Exhibit- P7 herein. Meanwhile, by Government Order dated 25.11.2005 (G.O(P)501/05/Fin.) a scheme for regularization and payment of wages to the Part-time Sweepers was brought into force by the Government. After considering the various aspects therein, this Court in para 7 of Exhibit P7 judgment held thus:- “I need only say that Part-time Sweepers who were in service and have been getting pay and allowances at the rates mentioned in paragraph 11 on the appointed day shall continue to get it on the strength W.P ( C) No. 3888 of 2009 3 of the directions contained in that paragraph. This will be so, even if there takes place a reduction of the area under the norms newly introduced”. Accordingly, the petitioner was paid the arrears from 1.3.1997 onwards. 3. Exhibit-P8 is the order now challenged in this writ petition whereby the claim for regularization and the payment of regular scale of pay has been rejected. The same is dated 12.1.2007. The pay has been reduced to Rs.750/- per month and which has now been refixed as Rs.1000/- per month. 4. Heard learned Government Pleader appearing for the respondents. In the written instructions forwarded by the Government dated 7.2.2009, it is pointed out that the petitioner is working as Casual sweeper in Thalakkad Village Office, Malappuram district. The sweeping area of the office is 69 sq.mtrs that is below 100 sq.mtrs. Hence the petitioner is not eligible for regularization based on the orders issued in G.O. (P) 501/2005/Fin. Dated 25.11.2005. After referring to the earlier judgments, it is further stated that the petitioner is eligible for protection of wages being W.P ( C) No. 3888 of 2009 4 drawn as on 25.11.2005 as per para 11 of G.O(P) 501/05/Fin. Dated 25.11.2005. 5. This Court in a batch of cases in WPC No.19186 of 2005 and connected writ petitions examined a similar question regarding the claim of daily wages casual sweepers for the benefit of the Government Order. It was held in para 20 of the judgment that clause 11 of the G.O (P) 501/05/Fin. Dated 25.11.2005 in so far it protects the wages being drawn by the part-time sweepers in the event of refixation of the sweeping area must be extended to casual sweepers also. It is an admitted position that the casual sweepers are also entitled for the benefit of para 11 of G.O (P) 501/05. Even if the sweeping area is below 100 sq.mtrs this Court had protected the rights of the casual part-time sweepers like the petitioner for protection of wages along with revised benefits from time to time. Therefore, the view taken in Exhibit-P8 that they are not entitled for the scale of pay cannot be supported. 6. Hence Exhibit-P8 is quashed. Petitioner is entitled for protection of wages as provided in para 11 of W.P ( C) No. 3888 of 2009 5 G.O (P) 501/05/Fin. Dated 25.11.2005 along with arrears from January 2006 onwards. Arrears as such up to date will be quantified and the same will be disbursed within a period of four months from the date of receipt of a copy of this judgment. Since the petitioner is entitled for various benefits as held above there will be a direction to the respondents to pay the monthly wages at the rate of Rs.1250 + D.A along with any further revision thereof from the month of April 2009 onwards. Regarding the claim for regularization as a part-time sweeper the issue is left open. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 3888 of 2009 6 W.P ( C) No. 3888 of 2009 7 W.P ( C) No. 3888 of 2009 8