IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 10234 of 2010(D) -------------------------- PETITIONER: --------------- BINDHU.R., W/O.SHANMUGHA PRASAD, PART-TIME SWEEPER, EZHUKONE VILLAGE OFFICE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GOVERNMENT OF REVENUE, GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, O/O.THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM DISTRICT. 4. THE TAHSILDAR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 5. THE PRINCIPAL SECRETARY TO THE GOVT., DEPARTMENT OF FINANCE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10234/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE JUDGMENT DT. 3.2.2003 IN OP NO.872/2003 (D) EXT.P2. COPY OF G.O(Rt) NO.501/2005/Fin. DT. 25.11.2005. EXT.P3. COPY OF THE SWEEPING AREA CERTIFICATE OF EZHUKONE VILLAGE OFFICE DT. 29.6.2006. EXT.P4. COPY OF THE PROPOSAL DT. 7.8.2006. EXT.P5. COPY OF THE G.O(Rt) NO.4138/08/RD DT. 23.12.2008. EXT.P6. COPY OF THE INTERIM ORDER DT. 7.8.2009 IN WPC NO.20686/09 EXT.P7. COPY OF THE INTERIM ORDER DT. 16.10.2009 IN WPC NO.29305/09 /TRUE COPY/ PA TO JUDGE ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10234 of 2010 (D) --------------------------------- Dated, this the 26 th day of July, 2010 J U D G M E N T The petitioner submits that since 1993 she is a Part Time Sweeper working in Ezukone Village Office, Kollam District. In Ext.P1 judgment, this Court directed that the Controlling Officers shall draw and disburse the salary arrears due to the petitioner for the period she was actually worked, taking into account the periodic revisions also. 2. One of the grievances in the writ petition is that the full benefit of the judgment has not been extended so far. The other grievance of the petitioner is that in terms of the provisions contained in Ext.P2 GO(P) No.501/2005/Fin. dated 25/11/2005 her service is liable to be regularised. Referring to Ext.P3 Sweeping Area Certificate and Ext.P4 proposal made in terms of Ext.P2 Government Order, learned counsel for the petitioner submits that the matter is pending consideration of the 1st respondent and that early orders have to be passed. WP(C) No.10234/2010 -2- 3. However, learned Government Pleader, on instructions, submit that the area as disclosed in Exts.P3 & P4 was not measured in terms of the provisions contained in Ext.P2 Government Order and the subsequent guidelines issued. It is stated that therefore, the proposal has been returned to the Land Revenue Commissioner for resubmission of the proposal, enclosing a fresh certificate. 4. As far as the payment of wages is concerned, irrespective of the pendency of the claim for regularisation, in view of the directions contained in Ext.P1 judgment in O.P.No.872/2003, to which the petitioner is the 12th petitioner, she is entitled to be paid wages for the period she has worked, duly taking into account periodic revisions as well. 5. Therefore, it is directed that the Controlling Officer, viz., the 4th respondent, shall ensure that the petitioner is disbursed admissible wages, duly taking into account periodic revisions. It is directed that the wages shall be paid as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment, along with a copy of this writ petition. 6. As far as the claim of the petitioner for regularisation in service in terms of GO(P) No.501/2005/Fin. (Ext.P2) is concerned, WP(C) No.10234/2010 -3- now that according to the learned Government Pleader, the Sweeping Area Certificate is not in terms of the provisions contained in Ext.P2 Government Order and subsequent guidelines, what is necessary is that a fresh Sweeping Area Certificate should be obtained by the Controlling Officer in terms of the Guidelines issued for that purpose. 7. Therefore, it is directed that the 4th respondent will obtain a fresh Sweeping Area Certificate and, if the petitioner is eligible for the benefit of regularisation, make a fresh proposal to the 3rd respondent, who shall forward the matter to respondents 1 & 2 for orders. The 4th respondent shall make the proposal along with an appropriate certificate as above, as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. The petitioner shall produce a copy of this judgment before the 4th respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg