IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 17976 of 2008(M) -------------------------- PETITIONER(S): --------------- AJITHA.N.S. CASUAL SWEEPER, FOREST RANGE OFFICE (TENDER DEPOT) KOLAYAD, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVT FOREST & WILDLIFE (F) DEPARTMENT GOVT. SECRETARIAT, TRIVANDRUM. 2. THE CHIEF CONSERVATOR OF FOREST DEPARTMENT OF FOREST TRIVANDRUM. 3. THE DIVISIONAL FOREST OFFICER DEPARTMENT OF FOREST TIMBER SALES DIVISION, KOZHIKODE. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.17976 of 2008 ------------------------------------ Dated this the 18th day of August 2010 J U D G M E N T Petitioner is a part time casual sweeper attached to the Government Timber Depot, Kannoth in Kannur District. She claimed regularization on the strength of G.O.(P) No.501/2005 dated 25.11.2005. Accordingly Ext.P3 sweeping area certificate was obtained from the Assistant Engineer, PWD, Thalassery, which certified that the sweeping area is 101.24 sq.mts. On that basis, when a proposal was made, it would appear that a super check was conducted by the Finance (Inspection & Technical Wing) Department and the sweeping area was found to be 95.59 sq.mts. On that basis, the claim of the petitioner for regularization was rejected as per Ext.P5 order. It is this W.P.(C) No.17976 of 2008 -: 2 :- order, which is under challenge in this writ petition. 2. Going by the pleadings, it is evident that the sweeping are was got measured by the Finance Department without notice to the petitioner. In my view, this procedure of the respondents is unsustainable. 3. In the above circumtances, I dispose of this writ petition directing the 3rd respondent, the Head of the Office, to get the area swept by the petitioner measured by an Officer superior in rank to the Assistant Engineer who issued Ext.P3 certificate. Such measurement shall be with notice to the petitioner. It is ordered that on such measurement, if the sweeping area is found to be more than 100 sq.mts., necessary proposal will be made to the 1st respondent, who shall reconsider the claim of the petitioner for regularization of her services. The measurement of the sweeping area shall be got done within six weeks from the date of production of a copy of this judgment. Depending upon the outcome of the said measurement, a proposal shall W.P.(C) No.17976 of 2008 -: 3 :- be placed before the 1st respondent. 4. Petitioner to produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt