IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 28645 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ Y.SAMUEL, AGED 40 YEARS, S/O.YOHANNAN, PART TIME SWEEPER CUM CLEANER, KERALA STATE HOUSING BOARD, HEAD OFFICE, THIRUVANANTHAPURAM. RESIDING AT T.C.12/870, BARTON HILL, KUNNUKUZHY, THIRUVANANTHAPURAM. BY ADVS. SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA SMT.SHALEENA RAJAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOUSING (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HOUSING BOARD, REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, DIVISION NO.III, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN R2 & R3 BY ADV.MR. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28645/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LIST DTD. 28.5.91 SHOWING THE DETAILS AND ENTRY DTD. OF THE SWEEPERS INCLUDING THE PETITIONER IN DIVISION III, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. P2:- COPY OF THE DOCUMENT SHOWING THE ENHANCED RATE OF RS. 390/- W.E.F. 3.6.04. P3:- COPY OF THE AGREEMENT NO.14/2009-2010 DTD. 5.6.09. P4:- COPY OF THE LETTER NO.AD1/(C) / 117/96 DTD. 19.2.1996 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE LETTER NO.A4/23/91/VOL. II DTD. 4.7.98. P6:- COPY OF THE G.O.(P) NO.501/2005/FIN. DTD. 25.11.05 GUIDE LINES FOR REGULARIZAITON OF EXISTING ELIGIBLE CASUAL SWEEPERS AND APPOINTMENT AGAINST FUTURE VACANCIES OF SWEEPERS/ CLEANERS IN GOVERNMENT OFFICES. P7:- COPY OF THE ORDER NO.H.B.O. 373/AD(C) 18849/05 DTD. 1.9.06 REGULARISING THE SERVIE OF 3 PART-TIME SWEEPERS W.E.F. 18.6.01. P8:- COPY OF THE ORDER NO.H.B.O. 512/AD(C) 18849/DTD. 23.11.06. P9:- COPY OF THE G.O.(P) NO.28/09/H DTD. 31.7.09. P10:- COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NO. 28645 OF 2009 (A) ===================== Dated this the 10th day of December, 2009 J U D G M E N T Petitioner is a Part Time Sweeper cum Cleaner in the Kerala State Housing Board. He seeks regularization in service. A statement has been filed on behalf of the 2nd respondent. In para 9, it is stated thus: There is no sanctioned post of Cleaner. Despite this, Board vide Lr.No.Adl(c) 654/08 dt 26.3.2009 and 6.8.2009 have submitted proposal to Government to regularize the provisional employees in the Board having 10 years and more service and the petitioner's name is also included in the proposal. The matter is pending with the Government and if the Government issues any favourable orders in this regard the Board will consider his regularization as per Rules. In view of the pendency of the issue relating to regularization of provisional employees including the petitioner before the 1st respondent, this writ petition is disposed of directing the 1st respondent to decide on the proposal made by the 2nd respondent. This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE Rp