IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 22360 of 2007(J) -------------------------- PETITIONER(S): --------------- 1. NICHOLAS K.C., CASUAL SWEEPER, VILLAGE OFFICE, PATTANACAD, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. T.A. MARY, CASUAL SWEEPER, VILLAGE OFFICE, KODUMTHURUTHU, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA ,REP. BY SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, PUBLIC (ADMINISTRATIVE REFORMS) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. THE TAHSILDAR, CHERTHALA TALUK. GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 22360/2007 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT IN O.P.No. 20516/03. P2. COPY OF THE JUDGMENT IN O.P.No. 26319/03. P3. COPY OF THE GOVT. ORDER DTD.25.11.05. P4. COPY OF THE CERTIFICATE DTD.20.1.06 P5. COPY OF THE CERTIFICATE DTD.15.2.06. P6. COPY OF THE JUDGMENT IN W.P.(C).No. 15389/06. P7 COPY OF THE JUDGMENT IN CONTEMPT CASE (C).NO. 1280/06. P8. COPY OF THE ORDER DTD.10.5.07. P9. COPY OF THE SKETCH. P10. COPY OF THE SKETCH. P11. COPY OF THE GOVT. ORDER DTD.12.12.07. P12. COPY OF THE SKETCH. P13. COPY OF THE SKETCH. RESPONDENT(S)' EXHIBITS: Annexure R6A. COPY OF THE SKETCH OF KODAMTHURUTHU VILLAGE OFFICE. B. COPY OF THE SKETCH OF PATTANAKKAD VILLAGE OFFICE. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 22360 of 2007 ================== Dated this the 8th day of February, 2011 J U D G M E N T The petitioners are working as part time casual sweepers in the village offices at Pattanakad and Kodanthuruthu, respectively. According to them, they are entitled to regularization in service as per Ext.P3 Government order. In respect thereof, they approached this Court and obtained Ext.P6 judgment, wherein their claim was directed to be considered. Originally, the Assistant Executive Engineer, PWD Buildings Sub Division Cherthala, conducted a measurement of the sweeping area of the village offices and submitted Exts.P4 and P5 certificates, whereby the total sweeping area of the two village offices was determined as 101.06 sq.m. and 102.26 sq.m. But, subsequently, by Ext.P8, the Finance (Inspection-Technical Wing) Department, conducted a reverification and held that the sweeping area of the two offices was only 97.13 sq.m. and 75.04 sq.m. Pursuant to the interim orders in this case, Exts.P9 and P10 sketches were also prepared. According to the petitioners, the available data would go to show that the calculation of the sweeping area as per Exts.P4 and P5 is the correct measurement and, therefore, the petitioners are entitled to regularization in service. The petitioners, therefore, seek the following reliefs: w.p.c.22360/07 2 “i) issue a writ of mandamus or other appropriate writ order or direction directing the respondents to grant the benefits due under Ext.P3 order without delay to the petitioners. ii) issue a writ of mandamus or other appropriate writ order or direction directing the respondents to issue final orders regularizing the service of the petitioners, disburse arrears of salary w.e.f. 21.11.2000 to the 1st petitioner and from 16.10.2000 to the 2nd petitioner and also to pay the salary immediately. iii) such other orders which this Hon'ble Court may deem fit and proper to meet the ends of justice. iv) To issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P9 and P10 issued by the 6th respondent. v) To direct the respondents to pay cost of Rs.25,000/- each to the petitioners for the undue harassment caused to the petitioners.” 2. A counter affidavit has been filed taking the stand that the sweeping area is less than 100 sq.m. and, therefore, there is no scope for creation of post of sweepers in the village offices concerned. 3. I have considered the rival contentions in detail. 4. No acceptable explanation is forthcoming as to why Exts.P4 and P5 measurements conducted by the Assistant Executive Engineer of the PWD Buildings Division, Cherthala, cannot be accepted. Sweeping area of the two offices, as per the said measurements, is above 100 sq.m. In W.P(C).No.15389/2006, the respondents had no contention that the sweeping area is less than 100 sq.m. Although in the guidelines appended to Ext.P3 Government Order what is to be counted is the carpet area, in Ext.P11 Government order, it is specifically stated that the entire plinth area of the building including staircase, verandah and toilets, which require regular sweeping needs w.p.c.22360/07 3 to be considered for calculation of sweeping area. The petitioners have got a specific contention that, going by Exts.P9 and P10, the area of verandah and the area occupied by doorsill etc. have been excluded for the purpose of measurement. I am of opinion that in the matter of creation of regular post of sweepers, the respondents should not insist on mathematical exactitude for the sweeping area. Admittedly, as evidenced by Exts.P4 and P5, the Assistant Executive Engineer, PWD buildings Division, Cherthala, had measured the areas and found that the same are in excess of 100 sq.m. in both offices. The contention of the petitioners that the verandah portions and other areas have not been counted for the purpose of measurement of the area has not been disputed by the respondents by filing an additional counter affidavit to the amended writ petition. In these circumstances, I am of opinion that Exts.P4 and P5 measurements have to be taken as the basis for deciding the issue. Accordingly, I declare that the sweeping areas of the two offices as per Ext.P4 and P5 are above 100 sq.m. In that view, the petitioners are entitled to have the posts of regular sweeper created in two village offices and, therefore, their services are liable to be regularised in accordance with Ext.P3 Government order. Accordingly, I allow this writ petition and direct the 1st respondent to pass orders creating the posts of regular part time sweepers in the village offices at Pattanakad and Kodanthuruthu Village Offices and w.p.c.22360/07 4 regularise the service of the petitioners who are the existing sweepers as on the date of Ext.P3 order, in accordance with Ext.P3 Government order, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioners would also be entitled to arrears of monetary benefits arising from such regularization of service. It would be open to the 1st respondent to consult the 2nd respondent as provided in Ext.P3 while passing orders as directed above, if the same is necessary for completing the formalities. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge