IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 12583 of 2008(W) ------------------------------------------ PETITIONER(S): ------------------------- 1. J.MAHESWARI, PART TIME CONTINGENT SCAVENGER (CONTRACT), VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, RESIDING AT DEVIKA NIVAS, CHUDAVILA, P.O.VATTIYOORKAVU, THIRUVANANTHAPURAM DISTRICT. 2. S.AMBIKA DEVI, PART TIME CONTINGENT SCAVENGER (CONTRACT), VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, RESIDING AT SARATH BHAVAN, KARODE, VALAPPILASALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): ---------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12583/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE TO SHOW HER ENGAGEMENT FOR THE PERIOD FROM 22/06/90 TO 13/5/92. EXT.P2: COPY OF THE LETTER OF ENGAGEMENT DTD. 24/12/95. EXT.P3: COPY OF THE REPRESENTATION DTD. 31/01/96 FILED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P4: COPY OF NO.EB5(a) 67/95 DTD. 26/02/96. EXT.P5: COPY OF THE JUDGMENT DTD. 25/09/06 IN OP.NO.20100/97. EXT.P6: COPY OF THE REPRESENTATION DTD. 4/11/06 SUBMITTED BY THE SECOND PETITIONER. EXT.P7: COPY OF THE NOTICE DTD. 15/11/06 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER FOR HEARING ON 30/11/06. EXT.P8: COPY OF THE JUDGMENT TD. 12/10/06 IN O.P.NO.16733/98. EXT.P9: COPY OF THE B.O.(Fb) NO.1660/07 (EB-4(C)PTC/06-07 DTD. 17/07/07. EXT.P10: COPY OF THE REPRESENTATION DTD. 15/10/07 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P11: COPY OF THE REPRESENTATION DTD. 15/10/07 SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE SPECIAL RULES. EXT.R1(B): COPY OF THE EXTRACT OF LONG TERM SETTLEMENT 1995 DTD. 11/09/1995. /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. ===================== W.P(C).No.12583 of 2008 ===================== Dated this the 6th day of November, 2008. JUDGMENT The petitioners are Part-time Scavengers working on contract basis in the Kerala State Electricity Board, hereinafter referred to as the “Board”, for short. The first petitioner claims that he is working since 1990 and the second petitioner claims that he is working since 1996. The petitioners submit that pursuant to the direction issued by this Court in Ext.P8 in O.P.No.16733 of 1998, the services of six Part-time Sweepers/Scavengers were regularised as per Ext.P9 Board order dated 17.7.1997. The petitioners contend that they are also similarly placed and are also entitled to be regularised in service and that they have in Exts.P10 and P11 representations submitted to the Secretary of the Board claimed regularisation in service. 2. The first respondent has filed a counter affidavit contending inter alia that Government orders governing regularisation of casual employees do not apply to the Board and that in view of the Special Rules, the petitioners cannot claim or be granted regularisation in service. The learned counsel for the petitioners submit that as the petitioners are similarly situated as the six persons who were regularised by Ext.P9 order, the petitioners are also entitled to regularisation. Faced with that situation, the learned standing counsel appearing for the Board WP(C) 12583/08 -: 2 :- submitted that the Board will consider the request made by the petitioners in Exts. P10 and P11 representations and pass orders thereon at the earliest. 3. The Writ Petition is accordingly disposed of with a direction to the Secretary of the Board to place Exts.P10 and P11 before the Board. The Board shall thereupon consider Exts.P10 and P11 representations in the light of Ext.P9 Board order dated 17.7.2007 and take a final decision in the matter. The Board shall while considering the request made by the petitioner in Exts.P10 and P11 take note of the fact that the petitioners are working as Part-time Scavengers since 1990 and 1996 respectively. Final orders in the matter shall be passed within three months from the date of receipt of a copy of this judgment. P.N.Ravindran, Judge. ess 8/11