IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 W.P(C).No. 27249 of 2007(R) -------------------------- PETITIONER: ------------ USHAKUMARI.P.N.,AGED 46 YEARS,W/O.MURALI CASUAL SWEEPER,KRISHI BHAVAN, VARAPPETTY RESIDING AT CHERUKARAPARAMBIL HOUSE, VARAPPETTY. BY ADV. SRI.V.RAJENDRAN PERUMBAVOOR SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. DEPUTY SECRETARY TO GOVERNMENT, AGRICULTURAL (FARMS) DEPARTMENT, THIRUVANANTHAPURAM. 4. THE PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, CIVIL STATION KAKKANADU, ERNAKULAM. 5. THE AGRICULTURE OFFICER, KRISHI BHAVAN, VARAPPETTY. 6. THE PRINCIPAL SECRETARY, (FINANCE) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY SRI. MANOJ KUMAR,GOVERNMENT PLEADER - R1 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 27249/2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF ORDER NO.G.O.P.NO.361/05/FIN. DATED 2/08/2005. EXHIBIT P2 : TRUE COPY OF SKETCH ISSUED BY ASSISTANT ENGINEER PWD BUILDING SECTION, KOTHAMANGALAM. EXHIBIT P3 : TRUE COPY OF THE APPLICATION DATED 9/01/2006 FORWARDED BY THE 5TH RESPONDENT TO THE GOVERNMENT. EXHIBIT P4 : TRUE COPY OF ORDER NO. G.O.(MS) NO.121/07/AD DATED 21/07/2007. /TRUE COPY/ P.A. TO JUDGE scm V.GIRI, J ------------------- W.P.(C).27249/2007 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT Petitioner is a Casual Sweeper working in Krishi Bhavan, Varappetty. Sweeping area serviced by her was originally assessed as 115.16 Sq.mtrs. According to the petitioner, she is entitled to be absorbed in regular service in terms of G.O.(P).No.501/2005 dated 25.11.2005. Counter affidavit has been filed by the second respondent and paragraph 4 of the same reads as follows:- It is further submitted that the officials of the Finance Wing (Inspection-Technical Wing) inspected the building of Krishi Bhavan, Varappetty at 4 PM on 24.5.2007 and informed that no one was available at site. Hence in the reported area, from details furnished in the file, it is noticed that two store rooms measuring 17.65 M2 is seen accounted. Hence administrative Department has directed to reassess the proposal excluding the store area and to forward the revised proposal if it satisfies minimum requirement vide Circular No.58/07/Find., dated 5.7.2007. Accordingly, Principal Agricultural officer, W.P.(C).27249/2007 2 Eranakulam, has been instructed to reassess the sweeping area excluding the store area and forward revised proposal if it satisfies minimum requirement. 2. Learned counsel for the petitioner submits that re- assessment has been completed. 3. After hearing both sides, writ petition is disposed of directing the fourth respondent to forward the revised proposal, as undertaken in paragraph 4 of the counter affidavit, within one month from the date of receipt of a copy of this judgment. Thereafter, Government shall pass orders within six weeks in terms of G.O.(P). 501/2005, both in the matter of sanctioning the post of Part Time Sweeper in Krishi Bhavan, at Varappetty, and in the matter of the petitioner's claim for regularization in service. Petitioner shall be heard before an order is passed in this regard. V.GIRI, Judge mrcs