IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 12335 of 2006(R) -------------------------- PETITIONER(S): --------------- P.NIRMALA, CASUAL SWEEPER, CADA, RESIDING AT 7/439, ANIL VILLA, THAREKKAD VILLAGE, PALAKKAD. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, CADA SUB DIVISION NO.1, TOWN BUS STAND, PALAKKAD. 2. THE HEAD MINISTERIAL OFFICER, CADA SUB DIVISION NO.1, TOWN BUS STAND, PALAKKAD. ADDITIONAL RESPONDENT: 3. THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. (R3 IS SUO MOTU IMPLEADED AS PER ORDER DTD.3.12.2010) GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 12335/2006 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.2.8.05. P2. COPY OF THE PETITION DTD.17.12.05. P3. COPY OF THE PETITION DTD.19.1.06. P4. COPY OF THE REQUEST DTD.5.7.08 BY THE ASSISTANT EXE. ENGINEER. P5. COPY OF THE REPORT BY THE ASSISTANT EXE. ENGINEER. P7. COPY OF THE GOVT. ORDER DTD.25.11.05. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.12335 OF 2006 ================== Dated this the 3rd day of December, 2010 J U D G M E N T The petitioner is a casual part time sweeper in the Water Resources Department of the Government of Kerala. She seeks regularisation in service in accordance with Ext.P6 Government order. Seeking the said relief, the petitioner has filed Ext.P2 petition before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P2 in the light of Ext.P6 Government order, expeditiously. 2. The learned Government Pleader submits that the 1st respondent cannot consider the same insofar as the Government is the authority competent to take a decision in respect thereof. 3. Having heard both sides, I dispose of this writ petition with the following directions: The 1st respondent shall forward Ext.P2 to the Secretary, Water Resources Department of the Government of Kerala, within two weeks from the date of receipt of a certified copy of this judgment, along with his recommendation as to the sweeping area and, as to whether a post of sweeper has to be created going by the guidelines stipulated in the Government order. The Government shall consider and pass orders on the same within three months from the date of receipt of Ext.P2 along w.p.c.12335/06 2 with the recommendation of the 1st respondent, after affording an opportunity of being heard to the petitioner. For the above purpose, I suo motu implead the Secretary, Water Resources Department, Government of Kerala, as additional respondent in the writ petition. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the Secretary, Water Resources Department as well as the 1st respondent, for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge