IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25247 of 2007(E) -------------------------- PETITIONER(S): --------------- P.S.KAMALASANAN NAIR, PART TIME SWEEPER, ELANTHOOR GRAMA PANCHAYAT, ELANTHOOR P.O., PATHANAMTHITTA DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PANCHAYAT DIRECTOR, THIRUVANANTHAPURAM. 3. THE PANCHAYAT DEPUTY DIRECTOR, PATHANAMTHITTA. 4. THE SECRETARY, ELANTHOOR GRAMA PANCHAYAT, ELANTHOOR. ADV. SRI.SIBY MATHEW FOR R4 MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25247/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PROCEEDINGS DATED 27/09/2006. P2 : COPY OF LETTER DATED 06/05/2006. P3 : COPY OF GO(P) NO.501/2005 DATED 25/11/2005. P4 : COPY OF LETTER DATED 12/02/2007. P5 : COPY OF LETTER DATED 20/04/2007. P6 : COPY OF LETTER DATED 22/07/2007. P7 : COPY OF LETTER DATED 30/09/2006 TOGETHER WITH RESOLUTION NO.4 DATED 22/08/2006. P8 : COPY OF SWEEPING AREA CERTIFICATE TOGETHER WITH PLAN. P9 : COPY OF RESOLUTION NO.4 TAKEN ON 22/08/2006 BY THE ELANTHOOR GRAMA PANCHAYAT. P10 : COPY OF RESOLUTION NO.3 TAKEN ON 10/08/2007. P11 : COPY OF ORDER DATED 25/10/2007 ISSUED BY R4. RESPONDENT'S EXHIBITS R3(a) : COPY OF APPLICATION DATED 29/07/2006 SUBMITTED BY THE PETITIONER. R3(b) : COPY OF RESOLUTION DATED 22/08/2006 PASSED BY THE PANCHAYAT COMMITTEE. R3(c) : COPY OF RESOLUTION DATED 10/08/2007 PASSED BY THE PANCHAYAT COMMITTEE. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25247 of 2007 (E) --------------------------------- Dated, this the 17th day of August, 2010 J U D G M E N T Petitioner is a daily waged Part Time Sweeper engaged by the 4th respondent Panchayat since 03/11/1997. Based on GO(P) No.501/2005/Fin. dated 25/11/2005, the Panchayat passed Ext.P1 resolution dated 27/09/2006 recommending his case for regularization. Subsequently, pursuant to the orders of the Government directing to give the benefit of Government Order referred to above to Part Time Sweepers engaged by the Local Bodies also, Ext.P4 proposal was submitted by the Panchayat before the 2nd respondent, and the 2nd respondent by Ext.P6 order dated 22/07/2007, rejected the claim of the petitioner on the ground that he being a daily waged Part Time Sweeper, is not eligible for the benefit of GO(P) No.501/2005/Fin. dated 25/11/2005. It is in these circumstances, this writ petition has been filed challenging Ext.P6. 2. Learned counsel for the petitioner submits that the view taken in Ext.P6 order runs counter to the judgment of this Court in WP(C) No.25247/2007 -2- WP(C) Nos.19186/2005 & connected cases, where this Court held that GO(P) No.501/2005/Fin. dated 25/11/2005 applies to Sweepers appointed on daily wages also and the stand taken by the Government that daily waged employees are not entitled to regularization has been rejected. It is also submitted that the said judgment has been followed by this Court in the judgment in WP(C) Nos.2724/2006 & connected cases, dated 26/06/2009. Learned counsel submits that in view of the directions issued in the judgment in WP(C) Nos.2724/2006 & connected cases, the Government have issued GO(Rt.) No.1566/10/LSGD dated 10/05/2010 regularising the services of the Part Time Sweepers engaged on daily wages. It is stated that for these reasons, the petitioner is entitled to parity in treatment and regularization of his services. 3. In the light of the aforesaid judgments of this Court and also the Government Order referred to above, the view taken by the 2nd respondent in Ext.P6 is untenable. Therefore, Ext.P6 is quashed and the 2nd respondent is directed to place a proposal for regularization of the services of the petitioner in the light of what is WP(C) No.25247/2007 -3- stated above to the 1st respondent for passing final orders in the matter. The matter shall be reconsidered and the proposal shall be placed by the 2nd respondent before the 1st respondent as expeditiously as possible, at any rate, within six weeks of receipt of a copy of this judgment. The 1st respondent shall pass final orders in the matter as expeditiously as possible, at any rate, within three months of its receipt. Until the matter is reconsidered as above, order passed by this Court on 29/10/2007 will continue. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg