IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 1163 of 2008(L) ------------------------- PETITIONER(S): --------------- USHA.M, W/O UMESHAN, MANGOOL HOUSE, KAPPAD P.O., KANNUR DIST. PIN-670006. [PART TIME CASUAL SWEEPER CHELORA VETERINARY DISPENSARY, P.O. KAPPAD, KANNUR DIST.] BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDRY OFFICER, KANNUR. 4. SAINABA, PART TIME CASUAL SWEEPER, VETERINARY DISPENSARY, CHELORA, P.O.KAPPAD, KANNUR DIST. ADV. SRI.P.M.PAREETH FOR R4 GOVERNMENT PLEADER MR.P.NANDAKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1163 of 2008 :2: A P P E N D I X PETITIONER'S EXHIBIT:- 1. EXT.P1: Copy of the order dated 5.5.2005 2. EXT.P2: Copy of the order dated 28.3.2005 3. EXT.P3: Copy of the details of the period during which the petitioner worked 4. EXT.P4: Copy of the representation dated 30.11.2007 filed by the petitioner before the 1st respondent 5. EXT.P5: Copy of G.O.(P) 501/2005 dated 25.11.2005 RESPONDENTS EXHIBIT:- 1. EXT.R3(a): Copy of the details of casual sweepers worked at Veterinary Dispensary, Chelora 2. EXT.R4(a): Copy of the appointment order dated 5.11.05 3. EXT.R4(b): Copy of the letter dated 24.3.06 issued by the Asst.Eng. Special Building Section Kannur to Veterinary Surgeon Veterinary Dispensary, Kappad, Chelora //True Copy// P.A to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.1163 of 2008 ----------------------------------- Dated this the 18th day of August 2010 J U D G M E N T Petitioner submits that she was engaged as a Part Time Sweeper in Chelora Veterinary Dispensary for the period from January 1998 to 4.2.2002 and thereafter from 1.4.2004 to 30.10.2005. According to the petitioner in terms of the provisions contained in G.O.(P) 361/2005/Fin dated 2.8.2005 her service is liable to be regularized. 2. From the counter affidavit filed by the 3rd respondent, it is seen that the total sweeping area of the Veterinary Dispensary was only 13.05 sq.mts and that of ICDP Sub Centre was only 12.63 sq.mts thus total area swept by the petitioner was 30.81 sq.mts. 3. It is pointed out that as per the provisions of Government Order referred above, if the sweeping area is W.P.(C) No.1163 of 2008 -: 2 :- less than 100 sq.mts., no part time contingent post is to be created. It is also pointed out that subsequently a new building was constructed and was inaugurated on 29.7.2005. It is stated that total sweeping area of the new building was 149.01 sq.mts. and that a new part time sweeper namely 4th respondent was appointed on 2.11.2005. R4(a) is the appointment order. 4. Thus obviously the petitioner cannot claim for regularization as per the provisions of G.O.(P) 361/2005/Fin dated 2.8.2005 and 4th respondent has been appointed as new part time sweeper, when the sweeping area of the new building is more than 100 sq.mts., petitioner cannot claim for regularization. Therefore the writ petition fails and accordingly dismissed. ANTONY DOMINIC, JUDGE. Jvt