IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 4497 of 2006(I) ------------------------- PETITIONER: ------------ P.S. BENNY, S/O. SILVESTER, AGED 38 YEARS, PUTHUVEL, CANAL WARD, ALAPPUZHA. (PART TIME SWEEPER, P.W.D., N.H(M) SUB DIVISION, ALAPPUZHA). BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, N.H. DIVISION, ALAPPUZHA. 3. THE ASSISTANT ENGINEER (FULL ADDITIONAL CHARGE OF ASST.EXECUTIVE ENGINEER N.H.(M) SUB DIVISION, ALAPPUZHA. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4497 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE G.O. NO.501/05 FIN DATED 25.11.05 EXT.P2- TRUE COPY OF CERTIFICATE DATED 5.1.06 ISSUED BY THE ASST. ENGINEER (BLDG.SECTION) EXT.P3- TRUE COPY OF LETTER DATED 12.12.05 SENT BY THE THIRD RESPONDENT TO 2ND RESPONDENT EXT.P4- TRUE COPY OF LETTER SENT BY 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 23.1.06 EXT.P5- TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).4497/2006 -------------------- Dated this the 8th day of January, 2008 JUDGMENT Petitioner claims that he has been working as a casual sweeper in the office of the third respondent since 1992. According to him, sweeping area served by him is more than 100 square feet. He refers to Ext.P2 in this regard. Petitioner’s requests for regularization is forwarded to the Executive Engineer under Ext.P3. Petitioner has submitted Ext.P5 representation before the Executive Engineer. 2. Absorption of Casual employees in regular service is now covered by the provisions in G.O.(P).No.501/2005. In the result, writ petition is disposed of directing the second respondent to forward Ext.P3 if not already forwarded, along with the petitioner’s representation, Ext.P5, to the first respondent within one month from the date of receipt of a copy of this judgment. Thereupon, first respondent shall take a decision on the petitioner’s claim for request of absorption to regular service in W.P.(C).4497/2006 2 terms of G.O.(P).501/2005, within two months thereafter, after hearing the petitioner. V.GIRI, Judge mrcs