IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 13103 of 2008(I) -------------------------- PETITIONER: ------------ GEETHADEVI.K.C, PART TIME CASUAL SWEEPER, AGRICULTURAL RURAL WHOLE SALE MARKET, MUVATTUPUZHA, ERNAKULAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE SECRETARY, AGRICULTURAL RURAL WHOLE SALE MARKET MUVATTUPUZHA, ERNAKULAM DIST. 4. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. BY SRI. MANOJ KUMAR,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.13103 of 2008 -------------------------- Dated this the 29th May, 2008 J U D G M E N T Petitioner is a Casual Sweeper working in the Agricultural Rural Whole Sale Market in Muvattupuzha. As per Exhibit P1 dated 21.10.2004, the sweeping area serviced by her is 179.82 sq.mt(carpet area) excluding open varendah and staircase. Petitioner had approached this Court earlier and by Exhibit P2 judgment Government was directed to consider the case of the petitioner along with similarly situated persons in the light of G.O (P) 501/2005/Fin. Dated 25.11.2005. Petitioner is continuing in service thereafter. 2. The conditions for regularization of the services of Part time Sweeper is contained in Exhibit P4 -G.O(P) 501/2005/Fin. Dated 25.11.2005. Petitioner’s case ought to be considered in the light of the same . 3. Learned Special Government Pleader submits that since Exhibit P1 is prior to G.O(P) 501/2005/Fin. Dated 25.11.2005, the sweeping area serviced by the petitioner is to W.P ( C) No.13103 of 2008 2 be reassessed in the accordance with appendix to the G.O (P) 501/2005/Fin. Dated 25.11.2005. This position is correct. In the result, the writ petition is disposed of in the following terms: i) The 3rd respondent shall cause the sweeping area serviced by the petitioner to be assessed strictly in accordance with appendix to G.O (P) 501/2005/Fin. Dated 25.11.2005. This shall be done within a period of six weeks from the date of receipt of a copy of this judgment. ii) Thereafter, an application in the form prescribed in the Government Order along with the sweeping area certificate with request for regularization of the services of the petitioner shall be forwarded to the Government within two months from the date of receipt of the application. W.P ( C) No.13103 of 2008 3 iii) Government shall then consider the said application in the light of G.O (P) 501/2005/Fin. Dated 25.11.2005 and pass an order, within three months thereafter. Petitioner shall be heard, if there is any proposal to pass an order adverse to the interests of the petitioner. (V.GIRI, JUDGE) ma W.P ( C) No.13103 of 2008 4 W.P ( C) No.13103 of 2008 5