IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 26149 of 2008(K) --------------------------------------- PETITIONER(S): ------------------------- ANITHAKUMARI K, PART TIME CASUAL SWEEPER, EARETHU GRAMA PANCHAYATH, P.O. VADAKKADATHUKAVU, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. THE PANCHAYATH DEPUTY DIRECTOR, PATHANAMTHITTA. 4. THE SECRETARY, EARETHU GRAMA PANCHAYATH, VADAKKADATHUKAVU P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH BY ADVS. MR. K.SHAJ FOR R4 MR.SAJJU.S FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 26149/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE DT. 1.12.06 ISSUED BY THE ASSISTANT ENGINEER LSGD. P2:- COPY OF THE LETTER DT. 6.5.06 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE THE G.O.(P) NO.501/05 DT. 25.11.05. P4:- COPY OF THE RESOLUTION DT. 24.8.06 ISSUED BY THE PANCHAYAT. P5:- COPY OF THE LETTER DT. 26.9.06 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE LETTER DT. 19.7.08. P7:- COPY OF THE INTERIM ORDER DT. 12.8.08 IN WPC. 24222/08. P8:- COPY OF THE INTERIM ORDER DT. 14.8.08 IN WWPC. 2464/08. P9:- COPY OF THE INTERIM ORDER DT. 18.8.08 IN WPC. 24758/08. P10:- COPY OF THE INTERIM ORDER DT. 19.8.08 IN WPC. 24912/08. TRUE COPY, P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26149 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2009. JUDGMENT The petitioner is working as a Part-time Sweeper in the 4th respondent Panchayat from August, 2001. The sweeping area covered by the petitioner is 480 m2 which is evidenced by Ext.P1 certificate. She is claiming the benefit of Exts.P2 Government letter and P3 Government Order allowing regularisation of Part-time Sweepers. Ext.P4 is the resolution passed by the Panchayat in the matter for regularising the petitioner's service. 2. The third respondent, as per Ext.P5 permitted the Panchayat to take steps to regularise the petitioner in service. The petitioner is aggrieved by Ext.P6 by which it was formed that the appointment of daily waged Part-time Sweepers will be at the risk of the Secretary of the Grama Panchayat. 3. The question is whether Ext.P3 will apply to the persons like the petitioner. The question whether the benefit of Ext.P3 will apply to daily wages sweepers, has been decided by this court in a batch of cases in Writ Petition No.19186/2005 and connected cases. The question was elaborately wpc 26149/2008 2 considered and ultimately it is found that the benefit could be granted. Detailed findings have been rendered therein directing the authorities to confer the benefits on the respective petitioners therein also. In Ext.P2 dated 6.5.2006, after referring to the various circumstances, it has been made clear that the scheme framed under Ext.P3 will be applicable to casual sweepers appointed in the Panchayats, prior to 9.9.2005 (the date of the judgment in Writ Appeal No.1863/2004). In Ext.P5 also, the position is made clear. 4. In that view of the matter, the writ petition is allowed. It is declared that the petitioner is entitled for the benefit of Ext.P2 Govt. Order dated 25.11.2005. The first respondent will take appropriate action on Ext.P6 within a period of three months from the date of receipt of a copy of this judgment. The petitioner will be entitled for such benefits as are available as per Ext.P2 Govt. Order along with consequential monetary benefits. (T.R. Ramachandran Nair, Judge.) kav/