IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 2724 of 2006(Y) ------------------------------------- PETITIONER: ------------------- A.VALSALA, W/O.REGHU, MADATHIKKARI, VECHOOR.P.O, EDAYAZHAM, VAIKOM, DIST.KOTTAYAM. BY ADVS. MR.K.REGHU KOTTAPPURAM, SMT.URSULA FRANCIS. RESPONDENTS: ------------------------ 1. THE SECRETARY, VECHOOR GRAMA PANCHAYATH, VECHOOR, VAIKOM, DIST. KOTTAYAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, KOTTAYAM. 3. THE DIRECTOR OF PANCHAYATH, STATE OF KERALA, THIRUVNANTHAPURAM. 4. THE SECRETARY TO GOVT., LOCAL SELF GOVERNMENT, STATE OF KERALA, THIRUVANANTHAPURAM. R1 BY ADV. MR.S.RADHAKRISHNAN, R2 TO R4 BY GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009, ALONG WITH W.P.(C). NO. 22817/2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2724/2006-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER VIDE G.O.(P).NO.361/2005/FIN. DTD. 02/08/05. EXT.P.2: COPY OF THE CERTIFICATE NO. 17/AEE/2005-06 DTD. 16/12/05. EXT.P.3: COPY OF THE JUDGEMENT DTD. 12/08/05 IN W.A. NO.1040/05. EXT.P.4: COPY OF THE RELEVANT PORTION OF PAY REVISION ORDER VIDE G.O.(P). NO.3000/98/FIN. DTD. 25/11/1998. EXT.P.5: COPY OF THE PETITION DTD. 26/12/05 SENT BY THE PETITIONER TO THE R.4. EXT.P.6: COPY OF THE JUDGEMENT DTD. 09/09/05 IN W.P.(C).NO.25633/05. EXT.P.7: COPY OF THE G.O.(P).501/05/FIN. DTD. 25/11/05. RESPONDENTS' EXHIBITS: //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------------------------- W.P.(C)No.2724 of 2006, 22817, 27246, 37804 of 2007, 36573 of 2008, 4250, 10018 & 14529 of 2009 -------------------------------------------------------- Dated 26th June, 2009 JUDGMENT The petitioners in these writ petitions are Casual Sweepers working in various local authorities on daily wage basis. They claim regularisation in service as Part-time Contingent Sweepers in terms of the stipulations contained in G.O.(P)No.501/2005/Fin. dated 25.11.2005. The claim made by the petitioners in W.P.(C)No.22817 of 2007 was rejected by Exts.P5 and P6 orders on the ground that the aforesaid Government order does not govern Casual Sweepers engaged on daily wage basis. The claim made by the peitioners in W.P.(C)No.27246 of 2007 was also rejected on a similar ground. The other writ petitions have been filed, challenging the stand taken by the Government that G.O.(P)No.501/2005/Fin. dated 25.11.2005 does not apply to Casual Sweepers engaged in local authorities. 2. The pleadings disclose that the Secretary to Government, Local Self Government Department has in letter No.6438/H2/06/LSGD dated 8.5.2006 informed the Director of Panchayats that G.O.(P)No.501/2005/Fin. dated 25.11.2005 can be applied to Casual Sweepers engaged in local authorities also. A WP(C).No.2724 of 2006 & connected cases 2 learned single Judge of this Court has in W.P.(C)No.19186 of 2005 and connected cases, held that G.O.(P)No.501/2005/Fin. dated 25.11.2005 applies to Casual Sweepers appointed on daily wages also. The Government are yet to take a decision on the claim made by the petitioners in W.(P)(C)Nos.2724 of 2006, 37804 of 2007, 36573 of 2008, 4250 of 2009, 10018 of 2009 and 14529 of 2009 for regularisation in the respective Panchayats where they are now working. Therefore, the said writ petitions are disposed of with the direction that in the event of the petitioners filing an appropriate representation before the Heads of Office where they are presently working, claiming the benefit of regularisation in terms of G.O.(P) No.501/2005/Fin. dated 25.11.2005 within one month from today, the Heads of Office shall after determining the sweeping area of their offices in accordance with paragraph 8 of G.O.(P)No.501/2005/Fin. dated 25.11.2005 forward a proposal for regularisation together with necessary particulars to the Secretary to Government, Local Self Government Department. This shall be done expeditiously and in any event within three months from the date on which representations are received from the petitioners. The Government shall thereupon consider the proposals and issue orders within another three months thereafter in consultation with the respective Heads of Office and the WP(C).No.2724 of 2006 & connected cases 3 Deputy Director of Panchayats of the concerned District. If any clarification is required from the petitioners, it will be open to the Government to hear them in person. The Government shall pass an order giving reasons in support of its conclusions if they choose to reject any application for regularisation and shall communicate copies of orders passed by it to the concerned Head of Office and the petitioners. The Government shall also deal with the entitlement of the petitioners to salary and other allowances at the applicable rates in force from time to time. The Government shall, while passing orders regarding payment of salary and allowances have due regard to the findings and observations of this Court in W.A.No.1863 of 2004 and connected cases. 3. The claim made by the petitioners in W.P.(C)Nos.22817 of 2007 and 27246 of 2007 has been rejected on the ground that their appointment is on daily wage basis. In the light of the decision of this Court in W.P.(C)No.19186 of 2005 and connected cases, the stand taken by the Government in Exts.P5 and P6 produced in W.P.(C) No.22817 of 2007 and Ext.P4 in W.P.(C)No.27246 of 2007 cannot be sustained. They are accordingly quashed. The Government are directed to reconsider the matter and pass revised orders, in consultation with the Heads of Office where the petitioners are now WP(C).No.2724 of 2006 & connected cases 4 employed and if necessary after affording them a reasonable opportunity of being heard. The directions issued earlier will govern these cases also. Till orders are passed as directed above, status quo as on today shall be maintained. Thereafter, the rights of the petitioners will be governed by the orders passed by the Government, subject of course to their right to challenge the same in other appropriate proceedings if they are aggrieved thereby. The writ petitions are disposed of as above. No costs. P.N.RAVINDRAN Judge TKS