IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28902 of 2011(K) -------------------------- PETITIONER: --------------- W.GRACE, W/O.SAMSON, PART-TIME SWEEPER (ON FIXED REMUNERATION) OFFICE OF THE ASSISTANT ENGINEER, HYDROLOGY SECTION, HYDROLOGY DEPARTMENT, AASHRAMOM, KOLLAM DISTRICT. BY ADV. MR. M.V.THAMBAN MR. R.REJI MS. THARA THAMBAN MR. B.BIPIN MS. REVATHY P.NAIR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT. DEPARTMENT OF IRREGATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER, PROJECT NO.2, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR, HYDROLOGY SUB DIVISION, THIRUVANANTHAPURAM-695 001. 4. THE ASSISTANT ENGINEER, HYDROLOGY SECTION, AASHRAMOM, KOLLAM-691 001. BY SENIOR GOVERNMENT PLEADER MR. E. M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) 28902 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE GO(P) NO.501/2005/FIN.DATED 25.11.2005. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 10.10.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 28902 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 31st day of October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. To issue a declaration that the petitioner is entitled to regularization from the original date of engagement with all service benefits including arrears of salary, leave, PF etc. ii. to issue a writ of mandamus or other writ or order directing the first respondent to issue orders regularizing the petitioner as regular part-time Sweeper w.e.f. her date of original engagement with all service benefits including arrears of salary, provident fund, leave benefits etc. iii. to issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case. 2. The learned counsel for the petitioner submits that the grievance of the petitioner with regard to the claim for regularization in the light of Ext. P1 G.O. is pending consideration before the Government as given in Ext. P2 and that the petitioner will be satisfied if a direction is given to to have it considered within a reasonable time. 3. Heard the learned Government Pleader as well. 4. In the said circumstances, no fact adjudication is necessary in this case. The Writ Petition is disposed of, directing the first W.P. (C) No. 28902 of 2011 : 2 : respondent to consider Ext. P2 in the light of Ext. P1 G.O. and such other relevant materials and pass appropriate order in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. Sd/ P. R. RAMACHANDRA MENON, JUDGE kmd