IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 16182 of 2010(W) -------------------------- PETITIONER(S): --------------- SAKUNTHALA.M., W/O.SUBRAMANIAN, CASUAL SWEEPER, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH CID, KALPETTA NORTH WAYANAD, (RESIDING AT NECHIPARAMBIL HOUSE, NEDUMGODE, MANIANKODE P.O., KALPETTA NORTH- 673 122). BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH CID, KALPETTA NORTH, WAYANAD DISTRICT. 2. SUPERINTENDENT OF POLICE CID SPECIAL BRANCH, RANGE OFFICE, KOKZHIKODE. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SR. GP SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16182 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE SWEEPING AREA CERTIFICATE CERTIFIED BY THE ASSISTANT ENGINEER PWD, KALPETTA EXT.P2- COPY OF THE REPRESENTATION OF THE PETITIONER DATED 20.5.10 EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 20.5.2010 BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P4- TRUE COPY OF THE G.O.(P).501/2005/FIN DATED 25.11.2005 CITATION REPORTED IN 1986 (1) SCC 637 EXT.P5- TRUE COPY OF THE JUDGMENT IN W.P.(C).25944/08 DATED 31.3.09 EXT.P6- TRUE COPY OF THE JUDGMENT IN W.P.(C).36179/07 DATED 16.7.09 EXT.P7- TRUE COPY OF JUDGMENT DATED 5.11.2009 IN W.P.(C).30211/09 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).16182/2010 -------------------- Dated this the 28th day of June, 2010 JUDGMENT Petitioner submits that she is a Part Time Sweeper in the office of the 1st respondent from June 2003. According to the petitioner, the sweeping area is more than 100 Sq.metres and therefore she is entitled to regularization as per Ext.P4 Government Order. 2. Learned Government Pleader on instructions, submits that a proposal for regularization of the petitioner has been forwarded by the 1st respondent, to the Additional Director General of Police (Crimes) and that it is for the ADGP (Crimes) to make a proposal to the Government for orders in terms of Ext.P4 Government Order. It is stated that the matter is pending consideration of the ADGP (Crimes). 3. Going by the provisions contained in Ext.P4 Government Order, the final orders on the claim for regularization has to be passed by the 3rd respondent only. Now as the 1st respondent W.P.(C).16182/10 2 has made a proposal for regularization of the petitioner and as the proposal is pending consideration of the ADGP, at this stage what is required to be done is that the ADGP should forward the proposal to the 3rd respondent for final orders in the matter. Having regard to the above, the writ petition is disposed of with the following directions. 4. On production of a copy of this judgment, 1st respondent will forward a copy to the Additional Director General of Police (Crimes), who, on receipt thereof, shall, within four weeks thereafter, make a proposal to the 3rd respondent for passing final orders on the proposal for regularization of the petitioner. It is directed that until the matter is forwarded and final orders are passed, interim order dated 26.5.2010 passed by this Court will continue. ANTONY DOMINIC, Judge mrcs