IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 19427 of 2007(K) -------------------------- PETITIONER: --------------- MINI.V.R., VADAKUNCHERI HOUSE, PUDUVASSERI, NEDUMBASSERI P.O., PARAMBAYAM. BY ADV. MR. P.SANJAY MR. A.PARVATHI MENON RESPONDENTS : --------------- 1. THE STATE OF KERALA REPRESENTED BY JOINT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. CHENGAMANAD GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PUTHUVASSERI, NEDUMBASSERI P.O., ERNAKULAM DIST. R1 & 2 BY GOVERNMENT PLEADER MR. A. J. JOSE R3 ADV. MR. C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 19427 OF 2007 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE MUSTER ROLL DATED APRIL 2003 AND APRIL 2007 EXT. P1 (a) : TRUE COPY OF THE CERTIFICATE ISSUEDTO HER LENGTH OF SERVICE. EXT. P2 : TRUE COPY OF THE JUDGMENT IN W.P. NO. 17776 / 04 DATED 18.04.04 EXT. P3 : TRUE COPY OF THE JUDGMENT IN WP 28060 / 2003 DATED 25.05.04 EXT. P4 : TRUE COPY OF THE MEMO DATED 19.05.2007 EXT. P5 : TRUE COPY OF THE ORDER ISSUED BY THE PANCHAYATH DEAPRTMENT DATED 18.04.2007 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P(C) No. 19427 of 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of November, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. call for the records relating to Exts. P4 and P5 and peruse the same. ii. Issue a writ of certiorari and quash Exts. P4 and P5 orders iii. Issue a Writ of Mandamus or any other appropriate writ directing the respondents to reinstate the petitioner in the past of casual sweeper with out any further delay. iv. declare that petitioner is entitled to continue as casual sweeper in the light of Exts. P2 and P3 judgments of this Hon'ble Court. v. Direct the respondent o retain petitioner in service in view of Exts. P2 and P3. vi. Issue any other order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Heard the learned Government Pleader appearing for the respondents 1 and 2 and the learned standing counsel appearing for the 3rd respondent Panchayath. 3. During the course of hearing, it is brought to the notice of this Court by the learned counsel for the petitioner that, the issue involved in this case is squarely covered by the judgment dated 22.10.2009 in W.P.(C) No. 15120 of 2007. W.P.(C) No. 19427 of 2007 : 2 : 4. In the above circumstances, Exts. P4 and P5 are set aside. The third respondent is directed to pass appropriate orders regularizing the service of the petitioner as Part Time Sweeper in the Panchayath. The orders as above shall be passed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The consequential benefits, if any shall also be disbursed to the petitioner at the earliest, at any rate, within one month thereafter. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd