IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 25540 of 2008(M) -------------------------------------- PETITIONER(S): ---------------------- RAJAMMA. R, W/O.PONNAN, PART-TIME SWEEPER OFFICE OF THE ASSISTANT REGISTRAR (GENERAL & AUDIT), DEPARTMENT OF CO-OPERATIVE SOCIETIES, THODUPUZHA (PO), IDUKKI DISTRICT. BY ADV. MR.M.V.THAMBAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATIVE SOCIETIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PAINAVU, IDUKKI DISTRICT. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THODUPUZHA. 5. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (AUDIT), THODUPUZHA. R1 TO R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 25540/2008-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.E-5610/99 DATED 31/12/1999. EXT.P2: COPY OF THE JUDGMENT DATED 10/12/2003 IN W.P.(C). NO. 38849/2003. EXT.P3: COPY OF THE GOVT. ORDR NO.501/2005/FIN. DATED 25/11/2005. EXT.P4: COPY OF THE REPRESENTATION DATED 05/08/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 25540 OF 2008 --------------------------------------------------- Dated this the 19th day of March, 2009 JUDGMENT The petitioner is a Part Time Sweeper working in the office the Assistant Registrar (General) and the Assistant Registrar (Audit) at Thodupuzha from 20.5.1980 onwards. Initially, she was paid wages at the rate of Rs.140/- per month and thereafter, it was brought down to Rs.50/- per month and it was varying from time to time. The sweeping area was 135.91 M2 as measured by the Assistant Executive Engineer, PWD Building Sub Division. The Joint Registrar, Thodupuzha has forwarded the details to the Registrar of Co-operative Societies for regularisation with regular scale of pay as per Ext.P1. The petitioner had earlier approached this Court by filing WP(C) No.38849 of 2003 which was disposed of by Ext.P2 judgment directing the respondent to extend the regular scale of pay with arrears from 25.1.1998. Accordingly she was extended the benefit of regular scale of pay at the rate of Rs.1250/-+DA per month and arrears of salary. An amount of Rs.80,000/- was paid during April, 2004 and thereafter she is being paid accordingly at the pre-revised rates. wpc:25540 of 2008 2 2. The petitioner is seeking regularisation in service along with consequential benefits. The learned Government Pleader on instructions submitted that the Registrar had already forwarded the matter to the Government for appropriate orders. Ext.P3 is a relevant Government order G.O.(P)No.501/05/Fin. dated 25.11.2005 conferring various benefits to the Part time sweepers. 3. Therefore, there will be a direction to the first respondent to consider the application for regularisation which has been forwarded as per Ext.P1 within a period of three months from the date of receipt of a copy of this judgment. The consequential benefits including the pay at the revised rates from time to time will also be disbursed without delay. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps