IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 8954 of 2007(N) --------------------------------------- PETITIONER(S): ------------------------ ANNAKUTTY KURIAKOSE, W/O. K.B.BABY, PART-TIME SWEEPER, GOVERNMENT HOMOEO DISPENSARY, KOZHIPPILLY, MUVATTUPUZHA TALUK. BY ADVS. MR.M.V.THAMBAN MR.K.V.ANIL KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED TO ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF HOMOEOPATHY, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER (HOMOEO), ERNAKULAM. 4. THE MEDICAL OFFICER, GOVERNMENT HOMOEO DISPENSARY, KOZHIPPILLY, ERNAKULAM DISTRICT. *ADDL. R5 IS IMPLEADED. 5. THE VILLAGE OFFICER, PALAKKUZHA VILLAGE OFFICE PALAKKUZHA P.O., ERNAKULAM DISTRICT. ADDL. R5 IS IMPLEADED IN WPC. NO.8954/07 AS PER ORDER DT. 26.2.09 IN IA. 1763/09 GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8954/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPLICATION DT. 16.10.98 SUBMITTED BY THE PETITIONER BEFORE THE HOMOEO MEDICAL OFFICER. P2:- COPY OF THE GO(P) NO.501/2005/FIN. DT. 25.11.05. P3:- COPY OF THE APPLICATION FOR CREATION OF POST OF PART-TIME CONTINGENT SWEEPER DT. 27.2.07 FOR GOVT. HOMOEO DISPENSARY , KOZHIPPILLY. P4:- COPY OF THE LETTER NO.2327/EB1/2006/DH DT. 28.8.06. P5:- COPY OF THE LETTER NO.KB-83/86-2005-06 DT. 27.2.6. P6:- COPY OF THE CERTIFICATE DT. 1.10.05 ISSUED BY THE 4TH RESPONDENT. P7:- COPY OF THE ORDER NO.3439/EB1/2007/DH DT. 1.12.08 ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, PALAKKUZHA ON 2.2.09. P9:- COPY OF THE CERTIFICATE DT. 2.2.09 ISSUED BY THE PALAKKUZHA GRAMA PANCHAYAT. P10:- COPY OF THE CERTIFICATE DT. 2.2.09 ISSUED BY THE SRI.MATHEW SCARIA, THE MEMBER OF WARD NO.8 OF PALAKKUZHA PANCHAYAT. P11:- COPY OF THE CERTIFICATE DT. 31.1.09 ISSUED BY THE SRI.A.M.CHACKO, THE MEMBER OF ERNAKULAM ZILLA PANCHAYAT. P12:- COPY OF THE REPORT DT. 28.1.09 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE HONOURABLE CHIEF MINISTER. P13:- COPY OF THE COVER OF LETTER NO.11438/CMPRC/SK/2008GAD DT. 2.3.09 FROM THE HONOURABLE CHIEF MINISTERS OFFICE TO THE PETITIONER. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE REPRESENTATION GIVEN BY SMT.ALICE BABY. R2(b):- COPY OF THE JUDGMENT IN OP. NO.32869/02. TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.8954 of 2009 -------------------------- Dated this the 26th March,2009 J U D G M E N T Petitioner, who is working as a Part-time Sweeper on regular scale of pay of Rs.1250/- + D.A, is seeking regularisation of her service as such. The short facts leading to the dispute are the following. 2. The petitioner is working as Part-time Sweeper in the Government Homoeo Dispensary at Kuzhippilly in Ernakulam District. She was originally engaged as Part- time Sweeper on a monthly remuneration of Rs.110/- per month from 16.10.1998. She was replaced by a regularly appointed Part-time Sweeper with effect from 1.4.1999. Later, a vacancy arose in the same dispensary when the regular Part-time Sweeper was transferred and no replacement was provided and thereafter she was again reengaged from 1.2.2004 on a fixed monthly remuneration of Rs.600/- per month. W.P ( C) No.8954 of 2009 2 2. The issue regarding the regularisation of Part- time Sweepers was decided by this Court in Mercy Vs. State of Kerala [2004 (2) KLT 848]. Against this W.A No.1483/2004 was filed by the Government, which was disposed of by judgment dated 12.8.2004. The part-time sweepers were directed to be paid regular scale of pay with arrears for the preceding three years from the date of respective judgments. It is submitted that the petitioner was paid remuneration at the rate of Rs.1250/- + D.A per month from July 2005 to November 2005. Thereafter, it was reduced to Rs.600/- per month from December 2005. Exhibit-P2 is the Government Order dated 25.11.2005 wherein, various procedures have been laid down for regularisation of part-time sweepers in accordance with the judgment in W.A No.1483 of 2004 and connected cases. Necessary steps have to be taken to regularise the part- time sweepers by creating posts wherever the posts have not been sanctioned. The detailed procedures have been mentioned in paragraphs 8 and 11 of the Government Order. In this case there is a sanctioned post already. W.P ( C) No.8954 of 2009 3 3. In these circumstances the petitioner has approached this Court seeking for declaration that she is entitled for regularisation in the regular scale of pay with arrears on the basis of Exhibit-P2 Government Order. 4. In the counter affidavit filed by the 2nd respondent dated 7.6.2007 the stand taken is that apart from the petitioner one Smt.Alice Baby was also being engaged in the office as a casual sweeper in an alternative manner. The petitioner was being engaged from January 2006 as a casual sweeper continuously as a nominee of the Kudumbasree Unit. It is pointed out that she is not entitled for regularisation. 5. The petitioner has filed a reply affidavit dated 1.8.2007 stating that her re-engagement was from 1.2.2004 and thereafter she is working continuously. The 4th respondent has been entering her name as Alice Baby during alternative months, perhaps to make it appear that she is not continuously engaged. She alone was drawing the salary throughout. There is no Alice Baby at all as alleged by the 2nd respondent. W.P ( C) No.8954 of 2009 4 6. The petitioner thereafter produced various documents to show that she is also known as Alice Baby and there is no other person named Alice Baby who was working in the office. Along with I.A. 1763 of 2009, the petitioner has produced Exhibits P8 to P11. The petitioner states that in fact Annakutty Kuriakose is her official name while Alice Baby is her pet name. She submitted an application before the Village Officer requesting for a certificate in that regard. She has produced Exhibits P8 to P11 certificates issued from the President of the Palakuzha Grama Panchayat, from Sri.Mathew Scaria, the Member of Ward No.VIII of Palakuzha Grama Panchayat, and from Sri. A.M. Chacko, Member of the Ernakulam Jilla Panchayat. These certificates show that the petitioner and Smt. Alice Baby are one and the same person. 7. In the light of the dispute regarding the identity of the petitioner and Alice Baby this Court by an order dated 26.2.2009 in I.A Nos. 1763 of 2009 and 1764 of 2009 directed the additional 5th respondent Village Officer, Palakkuzha to conduct an enquiry whether the Annakutty W.P ( C) No.8954 of 2009 5 Kuriakose and Alice Baby are one and the same person. Accordingly, a report has been submitted by the additional 5th respondent on 23.3.2009. Therein, it is stated that he conducted a local inspection and obtained statements from the neighbours of the petitioner and that Smt. Annakutty Kuriakose is also known as Smt. Alice Baby also. The President and Secretary of the Aishwarya Kudumbasree also certified that Smt. Annakutty Kuriakose and Alice Baby is one and the same person. Hence there is no scope for any further dispute in this regard. Presently, the petitioner has also produced Exhibit-P12 letter dated 28.1.2009 issued by the Director of Homoeopathy to the Public Complaint Redressal Cell in the office of the Honourable Chief Minister whereby it is stated that the petitioner was appointed from July 2004 on daily wages as a part-time sweeper. Hence she is continuing as such on daily wages. 8. In the light of these documents it cannot be disputed that the petitioner had been working from July 2004 on a fixed remuneration of Rs.600/- per month. 9. The stand that the petitioner, therefore, is not W.P ( C) No.8954 of 2009 6 entitled for regularisation is not correct. Going by the scheme framed as per Exhibit-P2, the part-time sweeper working in such category is entitled for regularisation in a sanctioned post in cases where the sanctioned post is already existing. The question whether the casual sweepers and daily wage sweepers are entitled for the benefits of Exhibit-P2 have also been decided by this Court in a batch of cases in WPC No.19186 of 2005 and connected cases. 10. Herein the facts revealed will show that she was paid remuneration for a few months at the rate of Rs.1250/- + D.A. The petitioner will be entitled for the payment of arrears also at the pre-revised rate and thereafter at the revised rate based on the pay revision 2006. The 4th respondent will therefore initiate steps for forwarding the application along with the sweeping area certificate through respondents 2 and 3 to the 1st respondent for regularisation of the petitioner. Necessary steps shall be taken in this regard within a period of one month from the date of receipt of a copy of W.P ( C) No.8954 of 2009 7 this judgment. The 1st respondent will take up the matter and pass final orders within a further period of three months thereafter. Arrears also will be ordered in accordance with the scheme and payment shall be effected accordingly. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.8954 of 2009 8 W.P ( C) No.8954 of 2009 9