IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 19726 of 2008(W) ----------------------------------- PETITIONER(S): --------------------- M. NARAYANANKUTTY, MANGATT HOUSE, P.O. MUNNOORKODE, VIA THRIKKATTERI, PALAKKAD DT-02, SWEEPER ON DAILY WAGE, POOKKOTTUKAVU GRAMA PANCHAYATH. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF PANCHAYATHS, PALAKKAD. 3. POOKKOTUKAVU GRAMA PANCHAYATH, P.O. KALLUVAZHI, PALAKKAD DT, REP. BY ITS SECRETARY. PIN - 679 514. ADV. SMT.LEELA NARAYANAN,SC,POOKOTTUKAV G PA FOR R3 GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19726/2008 W APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE IDENTITY CARD SHOWING THE REGISTRATION FROM 13/7/87. EXT.P2. COPY OF THE GO P NO. 32/98/PP&ARD DT. 28/09/98. EXT.P3. COPY OF THE LETTER DT. 24/3/99 SENT FROM THE PANCHAYATH. EXT.P4. COPY OF THE LETTER DT. 2/11/2001 FROM THE R2. EXT.P5. COPY OF THE LETTER DT. 12/11/2001 FROM PANCHYATH TO R2. EXT.P6. COPY OF THE GO P NO.5 01/2005/FIN DT. 25/11/2005. EXT.P7. COPY OF THE INTERIM ORDER DT. 17/2/2006 IN WPC. EXT.P8. COPY OF THE ORDER DT. 3/3/2006 IN WPC NO. 4749/06. EXT.P9. COPY OF THE JUDGMENT IN WPC NO. 4749/06 DT. 17/1/2007. EXT.P10. COPY OF THE ORDER DT. 31/12/07 OF THE R1. EXT.P11. COPY OF THE FORWARDING LETTER DT. 28/6/2008 OF THE POOKKOTTUKAVU GRAMA PANCHAYATH. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.19726 of 2008-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2009. JUDGMENT The petitioner herein is working as a Part-time sweeper on daily wages from 3.1.1996 in Pookkottukavu Grama Panchayat. He is a physically handicapped person also. The Panchayat has been passing resolutions to regularize him in service, but no orders were passed by the Deputy Director at that point of time. He is seeking the benefit of G.O.(P) No.501/2005/Fin. Dated 25.11.2005. Even though the matter was directed to be considered by the Government as per Ext.P9 judgment, by Ext.P10 the claim has been rejected on the ground that there is no provision in the G.O. as regards grant of benefit to the daily wage sweepers. 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. In the counter affidavit also, the only objection taken is that he is working on daily wages and therefore he is not entitled to the benefit of G.O.(P)No.501/2005 dated 25.11.2005. 3. This court in the judgment in Writ Petition No.19186/2005 and connected cases, solved the issue holding the view that the daily wage sweepers are also covered under the relevant provisions of the Government wpc 19726/2008 2 Order referred to above. Thus, the petitioners cannot be denied any benefit on that ground. 4. In that view of the matter, the stand taken in Ext.P10 cannot be supported. Ext.P10 is therefore quashed. There will be a direction to the first respondent to reconsider the matter in the light of the provisions of G.O.(P)No.501/2005 dated 25.11.2005 and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment. Going by para 8 and 11 of the G.O. the first respondent will have to consider the claim for regularization in accordance with the provisions of the said G.O. and the sweeping area that is being swept by the petitioner. All the necessary details will be considered and appropriate order will be passed keeping in mind that even if the sweeping area is reduced to below 100M2, he will be entitled for the benefit of para 11 of the said G.O. The petitioner will be allowed to continue in service. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) wpc 19726/2008 3 kav/