IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 37972 of 2008(U) ---------------------------------------- PETITIONER(S): ------------------------- SETHUBHAI AMMA ,PART TIME SWEEPER VELLARADA GRAMA PANCHAYAT, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.P.K.SURESH KUMAR RESPONDENT(S): ------------------------- 1. VELLARADA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VELLARADA THIRUVANANTHAPURAM DISTRICT. 2. THE DIRECTOR OF PANCHAYATS THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. R1 BY ADV. MR.J.S.AJITHKUMAR BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37972/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE DT. 1.1.94 ISSUED BY EXECUTIE OFFICER OF VELLARADA PANCHAYAT. P2:- COPY OF THE DECISION NO.1(11) DT. 25.5.08 OF THE IST RESPONDENT PANCHAYAT. P3:- COPY OF THE REPRESENTATION DT. 9.1.08 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE LETTER NO.A3/241/06 DT. 28.2.06 ISSUED BY THE IST RESPONDENT PANCHAYATH TO THE 3RD RESPONDENT. ANNEXURE R1(a):- COPY OF THE ORDER DT. 3.12.08 OF THE DEPUTY DIRECTOR OF PANCHAYATHS, TRIVANDRUM. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37972/2008-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is a part time sweeper working in the Vellarada Grama Panchayat from the year 1980 without any break. The substantial prayer in the writ petition is for a direction to the respondents to regularise her in service in the post of part time sweeper. Ext.P1 shows that she is in service from 1980 onwards. By Ext.P4, the Panchayat has also passed a resolution supporting her claim and has sought for appropriate orders to create the sweeper post and to regularise her in service. 2. The third respondent will therefore consider and pass orders on Ext.P4 recommendation forwarded by the first respondent along with the representation Ext.P3 filed by the petitioner also. Appropriate orders shall be passed within a period of two months from the date of receipt of the copy of this judgment. The scheme framed by the Government as per G.O.(P) No.501/2005/Fin, dated 25/11/2005, confers various benefits on part-time sweepers. Hence, Ext.R1(a) order, by which she has been relieved cannot affect her right for regularisation. Hence, the Government will pass orders as per the scheme framed in G.O.(P).No.501/2005/Fin dated 25/11/2005, W.P.(C) No.37972/2008 -:2:- even though, she has been relieved by a substitute. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms