IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 5007 of 2009(U) ------------------------------------- PETITIONER: ------------------- N.P.KUMARI, CONTINGENT SWEEPER (CASUAL), O/O.THE DISTRICT PANCHAYAT OFFICE, PATTOM, THIRUVANANTHAPURAM. BY ADV. MR.G.SASIDHARAN CHEMPAZHANTHIYIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYAT, DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 5007 of 2009 --------------------------------------------------- Dated this the 16th day of February, 2009 JUDGMENT The petitioner is working as Part Time Sweeper under the District Panchayat office in Thiruvananthapuram. The petitioner was being engaged from 1995 onwards. Going by G.O(P) No.501/2005 dated 25.11.2005, when the sweeping area is more that 100M2, the part time sweeper is entitled for regularisation. It is pointed out that steps have not been taken by the Government to creat a post so far. Sweeping area of the District Panchayat office, Thiruvananthapuram was assessed as 2198.58M2. Thereafter, by Ext.P2, an application has been forwarded by the Secretary, District Panchayat to the Government with specific request to regularise the petitioner in service after creating a post. Ext.P3 is a further communication enclosing the resolution of the District Panchayat, Exts.P4. Ext. P5 is the Seeping Area Certificate issued by the Executive Engineer, Local Self Government Department Division after assessing the sweeping area. 2. It is submitted that even though petitioner is entitled for the benefits of the Government order as referred to above, so far no final orders have been passed by the Government. By Ext.P8 a further wpc:5007 of 2009 2 request has been forwarded by the petitioner to the first respondent to complete the formalities and regularise her from 18.6.2001 and give the arrears of pay as per G.O.(P)No.501/2005 dated 25.11.2005. Part time sweepers are entitled for various benefits as provided in the said order. As all the formalities have been completed, further action has to be taken by the first respondent in accordance with the provisions of the Government order. Hence, there will be a direction to the first respondent to consider the request made by the District Panchayat and also the representation Ext.P8 by the petitioner along with other materials and take appropriate action for creating posts of Part Time Sweepers in the office of the District Panchayat and grant regularisation and other benefits to him in accordance with the terms of the Government order, final orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps