IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 14239 of 2009(Y) -------------------------------------- PETITIONER(S): --------------------- CICILY A.L., W/O.GEORGE M.A., CASUAL SWEEPER, OFFICE OF THE SPECIAL TAHSILDAR(L.A.), COCHIN REFINERIES LTD., NORTH FORT GATE, THRIPUNITHURA-682 301. BY ADV. MR.ASOK M.CHERIAN MR.T.R.RENJITH RESPONDENT(S): ----------------------- 1. THE SPECIAL TAHSILDAR(LA), COCHIN REFINERIES LTD., NORTH FORT GATE, THRIPUNITHURA-682 301. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14239/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GO(P)501/2005/FIN. DATED 25/11/2005. EXT.P2: COPY OF THE CERTIFICATE DATED 13/08/2008 ISSUED BY THE ASSISTANT ENGINEER, BUILDING SECTION ERNAKULAM. EXT.P3: COPY OF THE APPLICATION DATED 22/08/2008 FOR CREATION OF A POST OF PART TIME CONTINGENT SWEEPER IN THE OFFICE OF THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 22/08/2008 OF THE 1ST RESPONDENT FORWARDED TO THE 2ND RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 18/03/2009 OF THE 1ST RESPONDENT SENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14239 of 2009 -------------------------------------- Dated 1st July, 2009 JUDGMENT Heard Sri.Asok M.Cherian, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents . 2. The petitioner is a Casual Sweeper working in the office of the first respondent since the year 2000. The sweeping area of the first respondent's office exceeds 100 m2 . Therefore, the petitioner claimed regularization in service, as per the stipulations in Ext.P1 Government order. A proposal to regularise the petitioner in service by creating a post of Part-time Contingent Sweeper was forwarded by the first respondent to the District Collector for onward transmission to the Government. Ext.P3 is the application submitted by the first respondent to create a post of Part-time Contingent Sweeper. The original of Ext.P3 was forwarded along with the sweeping area certificate by the first respondent to the District Collector, Ernakulam along with Ext.P4 letter dated 22.8.2008. The District Collector however declined to forward the application to the Government on the ground that the establishment where the petitioner is working is a temporary establishment and therefore, a post of Part-time Contingent WP(C).No.14239/2009 2 Sweeper cannot be created. The first respondent in turn sent Ext.P5 letter to the petitioner informing her that her application for regularisation cannot therefore be forwarded to the Government. Ext.P5 is under challenge in this writ petition wherein the petitioner prays for a writ in the nature of mandamus commanding the respondents to regularise her service in accordance with Ext.P1 Government order. 3. Ext.P4 discloses that a proposal to regularise the petitioner in service by creating a post of Part-time Contingent Sweeper in the first respondent's office was forwarded by the first respondent to the District Collector. The District Collector however declined to forward it to the Government on the short ground that first respondent's office is a temporary establishment. In my opinion, the stand taken by the District Collector as reflected in Ext.P5 cannot be sustained. A learned Single Judge of this Court has in W.P.(C) No.10774 of 2008, held that the stipulations in G.O.(P) No.501/2005/Fin. dated 25.11.2005, apply to temporary establishments also. In the light of the judgment of the learned Single Judge in W.P.(C)No.10774 of 2008, the stand taken by the District Collector as reflected in Ext.P5 cannot be sustained. The District Collector is therefore bound to forward the proposal submitted by the WP(C).No.14239/2009 3 first respondent together with the accompanying papers to the Government for appropriate action. I accordingly dispose of this writ petition with a direction to the District Collector, Ernakulam to forward the originals of Exts.P3 and P4 along with the accompanying documents to the concerned department of the Government. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before him. The Government shall within three months from the date of receipt of the records from the District Collector, Ernakulam pass orders in the matter having due regard to the observations and findings of this Court in W.P.(C)No.10774 of 2008. The petitioner shall in order to enable the District Collector to act as directed above, produce before him a copy of this writ petition along with a certified copy of this judgment and a copy of the judgment in W.P.(C)No.10774 of 2008. P.N.RAVINDRAN Judge TKS