IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 32642 of 2007(J) --------------------------------------- PETITIONER(S): ----------------------- SUNIJA. S., PART TIME CASUAL SWEEPER, MAVELIKKARA THEKKEKARA GRAMA PANCHAYATH, PALLARIMANGALAM P.O., MAVELIKKARA. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATHS, ALAPPUZHA. 4. MAVELIKKARA THEKKEKARA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, MAVELIKKARA THEKKEKARA GRAMA PANCHAYATH, PALLARIMANGALAM P.O., MAVELIKKARA. R1 TO R3 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. R4 BY ADV. SRI.VINCENT JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32642 of 2007(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 30/03/2007 IN WP(C) NO. 30045/2004. EXT.P2: COPY OF THE ORDER OF THE PANCHAYATH DATED 29/09/2007. EXT.P3: COPY OF THE JUDGMENT DATED 03/08/2004 IN WP(C) NO. 22848/2004. EXT.P4: COPY OF THE LETTER DATED 30/05/2006 FROM PANCHAYATH DEPUTY DIRECTOR TO THE SECRETARY OF PAURAMATTOM GRAMA PANCHAYATH. EXT.P5: COPY OF THE SEEPING AREA CERTIFICATE ISSUED BY ASST. EXECUTIVE ENGINEER, PWD, HARIPAD. EXT.P6: COPY OF THE RESOLUTION DATED 16/06/2007 PASSED BY MAVELIKKARA THEKKEKARA GRAMA PANCHAYATH. EXT.P7: COPY OF THE LETTER DATED 08/05/2006 ISSUED BY THE RESPONDENT NO.1 TO RESPONDENT NO.2. EXT.P8: COPY OF THE ORDER DATED 01/04/2008 IN WP(C) NO. 26208/2007. EXT.P8 (IN I.A.13853/2008): COPY OF THE ORDER IN WP(C) NO. 26208/2007 (T) DATED 04/03/2008. EXT.P9: COPY OF THE ORDER IN WP(C) NO. 26208/2007 (T) DATED 01/04/2008. EXT.P10: COPY OF THE ORDER DATED 19/06/2008 IN WP(C) NO. 32593/2007(E). EXT.P11: COPY OF THE ORDER DATED 08/07/2008 I WP(C) NO. 32593/2007 (E). EXT.P12: COPY OF THE JUDGMENT DATED 18/08/2010 IN WP(C) NO. 32593/2007. EXT.P13: COPY OF THE G.O.(RT) NO.122/2011 DATED 12/01/2011. EXT.P14: COPY OF THE ORDER DATED 25/11/2005. EXT.P15: COPY OF THE JUDGMENT DATED 17/03/2009 IN WP(C) NO. 24684/2009. EXT.P16: COPY OF THE JUDGMENT DATED 24/11/2009 IN W.A. NO. 2085/2009. EXT.P17: COPY OF THE ORDER DATED 15/07/2010. EXT.P18: COPY OF THE MINUTES OF MAVELIKKARA GRAMA PANCHAYATH DATED 26/05/2008. EXT.P19: COPY OF THE JUDGMENT DATED 20/01/2011 IN WP(C) NO. 37532/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.32642 OF 2007 --------------------------------------- Dated this the 11th day of April, 2011 JUDGMENT The petitioner is a Part Time Sweeper of Mavelikkara Thekkekkara Panchayat in Alapuzha District. She has filed this writ petition with the grievance that she is not being regularised in service in accordance with G.O.(P)No.501/2005 and she has also not been paid salary from 23rd September 2003. Therefore, the petitioner seeks the following reliefs: “i) to issue a writ of certiorari or other appropriate Writ or Order quashing Ext.P2 as unjust, illegal and unconstitutional. ii) to issue an order, that the petitioner is eligible to get regularized. iii) to issue a writ of mandamus directing the respondents to pay the arrears of salary to the petitioner since 2003, September 23rd . iv) to issue a writ of mandamus directing the respondents to refrain from terminating the service of the petitioner as a Part Time Casual Sweeper” On 2.1.2009, this Court passed the following interim order: “The interim order sought for is for a direction to the 4th respondent to pay salary and arrears of salary since 23.9.2003 in the light of Exhibits P8 to P11. Learned counsel for the petitioner relying upon Exhibits P9 and P10 interim orders passed in W.P.(C) No.26208 of 2007 and W.P.(C) No.32593 of 2007 that the petitioner is similarly placed and therefore a similar direction may be issued to the 4th respondent Panchayat to disburse W.P.(C)No.32642/07 2 the amount due to her. 2. No counter affidavit has been filed by the Panchayat in the above Interlocutory Application. Therefore, there will be a direction to the 4th respondent to take steps to see that the salary due to the petitioner for the period during which she has worked including arrears are disbursed. If there is any objection regarding payment, the 4th respndent will file an affidavit explaining any such objection before this Court, within ten days.” The question of entitlement of regularisation in service of Part Time Sweepers in accordance with G.O.(P)No.501/2005 Fin. dated 25.11.2005 is no more res integra. According to the learned counsel for the Panchayat, they have already passed a resolution for creation of post and regularising the service of the petitioner in that post to the Government and it is for the Government to take further steps in accordance with G.O.(P) No.501/2005. The learned Government Pleader submits that the petitioner is not entitled to the benefit of the Government Order since the petitioner has been appointed on daily wage basis. 2. I have considered the rival contentions in detail. The Government Order in question does not differentiate between temporary employee, daily wage employee, casual employee etc. All what it states is that the existing Sweeper W.P.(C)No.32642/07 3 would be given the benefit of regularisation. That being so, insofar as there is no dispute that the petitioner was the existing Part Time Sweeper as on the date of the Government Order, the petitioner is entitled to regularisation in service. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to sanction the petitioner benefits of G.O.(P)No.501/2005 with all consequential monetary benefits in accordance with the said Government Order as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.32642/07 4 W.P.(C)No.32642/07 5