IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 22694 of 2008(B) -------------------------- PETITIONER(S): ---------------------- SUDHAMONY SOMAN, W/O SOMAN, PART-TIME SWEEPER, OFFICE OF THE ASST. DIRECTOR OF AGRICULTURE, ELAMDESAM, NEYYASSERY P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPT. OF AGRICULTURE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM. 3. ASSISTANT DIRECTOR OF AGRICULTURE, OFFICE OF THE ASST. DIRECTOR OF AGRICULTURE, ELAMDESAM, ALATHODU, THODUPUZHA, IDUKKI DISTRICT. GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22694/2008 APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE CERTIFICATE NO. A3. 113/92 DT. 2/08/96. EXT.P2. COPY OF THE JUDGMENT DT. 28/7/03 IN OP NO. 16130/03. EXT.P3. COPY OF THE GO P NO. 501/2005/FIN DT. 25/11/2005. EXT.P4. COPY OF THE INTERIM ORDER DT. 17/2/06 IN WPC NO. 4875/2006. EXT.P5. COPY OF THE INTERIM ORDER DT. 8/6/06 IN WPC 4875/06. EXT.P6. COPY OF THE JUDGMENT DT. 21/07/06. EXT.P7. COPY OF THE LETTER NO. 10138/A1/F3/07/AGRL. DT. 27/6/07. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22694 of 2008-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009. JUDGMENT The short question that arises in this writ petition is whether the action of the respondents in denying the regular scale of pay of Rs.1250/- + DA per month to the petitioner is correct on the plea that she is a casual sweeper and the sweeping area is below 100M2. The issue raised by the petitioner is covered in her favour by the judgment of this court in a batch of cases in W.P.(C) No.22822/2007 and connected cases. 2. The facts narrated by the petitioner show the following: She is presently working as Part-time sweeper in the Office of the third respondent. She was originally engaged from 1.12.1992 on fixed remuneration of Rs.110/- per month which was enhanced to Rs.600/- from 1.3.1997. At that time, the sweeping area in the office of the third respondent was 209.09 m2. This is clear from Ext.P1 certificate issued by the Asst. Executive Engineer, Building Division, Thodupuzha. Seeking for payment of regular scale of pay at Rs.1250/- + D.A. per month, she approached this court by filing O.P.No.16130/2003 which was decided in her favour by Ext.P2 judgment. This court held that the petitioners in the WPC 22694/2008 2 writ petition are entitled to get salary at the rates prescribed by the Government for Part-time sweepers from time to time, even though they are not appointed on a regular basis. The petitioner was thus receiving the regular scale of pay at Rs.1250/- + D.A. per month with arrears from 1998 up to November 2005. Again, it was reduced to Rs.600/- per month from December 2005. It was on the premise that the sweeping area when re- measured, is only 78.81 m2. 3. Based on the decision of a Division Bench of this court in Writ Appeal No.1863/2004 and connected cases, the Government have issued G.O.(P) No.501/05/Fin. Dated 25.11.2005 which is produced herein as Ext.P3 regarding the regularisation in service of Part-time sweepers. Clause 11 of the said Govt. Order protects the right of the Part-time sweepers to receive regular scale of pay at Rs.1250/- + DA per month even if the sweeping area is reduced from 100 m2 to below 100 m2. Challenging the reduction of pay to Rs.600/- she filed Writ Petition No.4875/2006. The same was allowed as per Ext.P6 judgment. Pending the writ petition, there was an interim direction directing the respondents to continue to pay the salary at the rate of Rs.1250/- + DA per month. In Ext.P6 judgment, this court after elaborately considering clause 11 of Ext.P3 Govt. Order, held that “the Part-time sweepers who were in service and have been getting pay WPC 22694/2008 3 and allowances at the rates mentioned in paragraph 11 on the appointed day shall continue to get it on the strength of the directions contained in that paragraph. This will be so even if there takes place a reduction of the area under the norms newly introduced.” 4. There could not have been any reduction of pay in the light of the above binding judgment. But again, based on Ext.P7 letter issued by the Government addressed to the Director of Agriculture, the same was reduced. A distinction between casual sweeper and part-time sweeper is sought to be made in the said Government letter. This is under challenge in this writ petition. 5. There cannot be any doubt that in the light of Ext.P2 judgment followed by Ext.P6 judgment, wherein this court has already interpreted para 11 of the order Ext.P3, and held that persons like the petitioners are protected in the matter of regular pay scale, the petitioner is entitled to succeed in this writ petition. 6. A learned Single Judge of this court in a batch of cases in Writ Petition No.22822/2007 and connected cases, considered the issue in para 20 of that judgment. After an elaborate consideration of the same, it was held that “clause 11 of the G.O.(P) No.501/2005 dated 25.11.2005 in so far as it protects the wages being drawn by the Part-time Sweepers in the event WPC 22694/2008 4 of a re-fixation of sweeping area must be extended to casual sweepers also. It is so declared”. I respectfully agree with the same. 7. In the light of the above, the entitlement of the petitioner to receive regular scale of pay at RS.1250/- + DA per month is declared. It is submitted that she has been receiving the same till October 2007. She will also be entitled for the revision of pay from time to time as ordered by the Government in that scale. Hence, the petitioner will be paid the regular scale of pay at Rs.1250/- + DA per month as revised from time to time continuously while in service. The arrears from October 2007 will be disbursed within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/