IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2066 of 2008(U) ------------------------- PETITIONER: ------------- ABBAS K., S/O. MOIDEEN KUNJU, PART-TIME SWEEPER, ENMAKAJE KRISHI BHAVAN, KASARGOD. BY ADV. SRI.P.NARAYANAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF AGRICULTURE, TRIVANDRUM. 3. THE PRINCIPAL AGRICULTURE OFFICER, KASARGOD. BY SRI.BIJOY CHANDRAN, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2066 of 2008 -------------------------- Dated this the 17th January, 2008 J U D G M E N T Petitioner is working as Casual Sweeper in the Enmakje Krishi Bhavan in Kasaragod District. He claims that he has been working since 1987. According to the petitioner, the sweeping area serviced by him is more than 100 sq.mt, as evidenced by Exhibit P2 certificate issued by the Assistant Engineer, P.W.D. 2. As per G.O (P) No. 501/05/Fin. Dated 25.11.2005 if the sweeping area serviced by a Casual Sweeper is in excess of 100 Sq.mtr the Government is to sanction one Part time post and the incumbent is entitled to claim absorption into regular service. Apparently, a proposal had been forward by the 3rd respondent to the Government for creation of a post of Part time Sweeper in Enmakje Krishi Bhavan where the petitioner is working. This is evidenced by Exhibit P3. Nevertheless, orders have not been passed by the Government so far. The petitioner is being paid only at the rate of Rs.750/- per month which is not W.P ( C) No. 2066 of 2008 2 on a par with the contingent employees. Hence the writ petition. After having heard the Learned counsel for the petitioner and learned Government Pleader, this writ petition is disposed of in the following terms: i) Petitioner may file a comprehensive representation giving the details of his service from 1987 along with a copy of this judgment claiming the benefit of G.O (P) 501/05Fin. Dated 25.11.2005 before the 1st respondent, within one month from today. ii) On receipt of the representation along with a copy of this judgment, the 1st respondent shall cause necessary enquiry to be made by the 2nd respondent or by the 3rd respondent as the case may be, as to the correctness of the claim made by the petitioner and if it is found that the petitioner has been working since 1987 and the sweeping area serviced is more than 100 sq.mt, steps shall be taken to sanction one post of Part time Sweeper in the office in question in terms of G.O (P) 501/05/Fin. Dated 25.11.2005 iii) If the petitioner’s claim is otherwise found to be W.P ( C) No. 2066 of 2008 3 correct and acceptable, an order shall be passed on such claim for absorption to regular service in terms of G.O (P) 501/05/Fin. Dated 25.11.2005. iv) Government shall also pass orders on wages to be drawn by the petitioner in terms of clause eleven of G.O (P) 501/05/Fin. Dated 25.11.2005 keeping in mind the observations of this Court in W.P (C )No.13828 of 2007 and connected cases. The entire process as outlined above shall be completed within four months from the date of receipt of a copy of this judgment. I make it clear that the merits of the claim made by the petitioner is to be looked into by the Government, in accordance with law. (V.GIRI, JUDGE) ma W.P ( C) No. 2066 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 2066 of 2008 5 25th May, 2007