IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31890 of 2009(E) -------------------------- PETITIONER(S): --------------------- SARADA.K.K,W/O.MOHANAN,AGED 46 YEARS, PART TIME SWEEPER,THANNITHODE GRAMA PANCHAYAT, PATHANAMTHITTA. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 3. THANNITHODE GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY,THANNITHODE.PO. 4. THE SECRETARY,THANNITHODE GRAMA PANCHAYATH,THANNITHODE.PO. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 31890 OF 2009 (E) ===================== Dated this the 9th day of November, 2009 J U D G M E N T The challenge is against Ext.P6. 2. Petitioner who is a Part Time Sweeper on daily wages working under the 3rd respondent Panchayat sought regularization of service. This Court had directed the 1st respondent to consider her claim vide judgment in WP(C) No.30927/03. Accordingly, the matter was considered and by Ext.P6, the claim has been turned down. 3. The reason stated in Ext.P6 order is that the petitioner being a daily rated employee is not entitled to the benefit of GO (P) No.501/05/Fin. Dated 25/11/2005. The stand taken by the 1st respondent in Ext.P6 order referred to above is fully contradicted by the law laid down by this Court in Ext.P5 judgment in WP(C) No.88/09. For that reason itself, Ext.P6 deserves to be set aside. 4. Therefore, I set aside Ext.P6 and direct the 1st respondent to reconsider the claim of the petitioner in the light of Ext.P5 judgment refereed to above. This shall be done as WPC 31890/09 :2 : expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp