IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 16054 of 2008(J) PETITIONER: -------------------- M.KUNHAPPAN, PART TIME CASUAL SWEEPER, VILLAGE OFFICER, PARAPPA, P.O.PARAPPA, VIA. ANANDASHRAM, KASARGOD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARGOD. BY SENIOR GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16054 of 2008 J ------------------------- Dated this the 2nd day of July, 2008. JUDGMENT The petitioner, who is working as a Casual Sweeper in the Village Office at Parappa in Kasaragod District, is claiming parity with Part- time Sweepers. She had approached this court with W.P.(C)No.29487/04, which was disposed of under Ext.P1 judgment, requiring the respondents to take action in the light of the decision in Mercy v. State of Kerala {2004(2) KLT 848}. According to the petitioner, as evidenced by Ext.P2, the sweeping area serviced by her is well in excess of 100 sq.m., as certified by the Assistant Engineer of the Public Works Department. Therefore, she is entitled to be regularised in service, after creation of the post of Part-time Sweeper, in terms of the guidelines contained in G.O.(P) No.501/05/Fin dated 25.11.2005. Ext.P5 representation submitted by the petitioner claiming the benefits of Ext.P4 Government Order, is pending consideration. 2. Pursuant to a direction issued by this court, a statement has been filed on behalf of the W.P.(C).NO.16054/08 :: 2 :: respondents. It is, inter alia, stated that the sweeping area of the Village Office, Parappa is only 52.35 sq.m. Therefore, the petitioner is not entitled to regularisation as Part-time Sweeper. 3. I heard learned counsel for the petitioner and the learned Senior Government Pleader. 4. I find that Ext.P3 is also a certificate issued by the Assistant Engineer of the Public Works Department, who is the competent authority and the same is seen to have been forwarded on 25.06.2005. No doubt, the sweeping area will have to be assessed in terms of the Appendix to G.O.(P)No.501/05/Fin dated 25.11.2005. Paragraph 8 of G.O.(P)No.501/05/Fin dated 25.11.2005 contains the manner in which the sweeping area will have to be assessed, for the purpose of re-assessment or re-determination of the area in terms of the Government Order. It has to be done with notice to the petitioner. That has not been done. In the result, there will be a direction to the 2nd respondent, to first get the sweeping W.P.(C).NO.16054/08 :: 3 :: area of the Village Office, Parappa, determined in terms of Clause 8 of G.O.(P)No.501/05/Fin dated 25.11.2005 within a period of two months from the date of receipt of a copy of this judgment. This shall be done with notice to the petitioner. Thereafter, the sweeping area certificate shall be forwarded to the 1st respondent. The first respondent shall pass orders in the matter of creation of a post of Part-time Sweeper in the Village Office, Parappa and then consider regularisation of the services of the petitioner. The Government shall take a decision within three months from the date of receipt of the certificate of sweeping area, forwarded from the office of the District Collector, 2nd respondent, as mentioned above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge