IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 8105 of 2011(K) ------------------------------- PETITIONER(S): --------------- 1. AJITHAKUMARI.T.P., W/O. LATE AJAYAN, AGED 46 YEARS, THUNDATHIL PADATH HOUSE, PADINJAREKKARA.P.O., VAIKOM, KOTTAYAM DISTRICT. 2. SHYAMALA BABU, W/O. BABU, AGED 45 YEARS, VADAKKECHIRA HOUSE, VAIKOM.P.O.,KOTTAYAM DISTRICT. 3. BINDU.P.T., W/O. SATHEESH KUMAR, AGED 36 YEARS, KONARY PUTHENVEEDU, VAIKOM.P.O., KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.-1. 2. VAIKOM MUNICIPALITY REP. BY ITS SECRETARY, OFFICE OF THE VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN-686141. 3. THE SUPERINTENDENT, COMMUNITY HEALTH CENTRE, VAIKOM,KOTTAYAM DISTRICT,PIN-686141. ADV. SRI.GEORGE KARITHANAM VARGHESE FOR R2 SRI.C.I.ABRAHAM FOR R2 SRI. ANTONY MUKKATH - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.8105 OF 2011 --------------------------------------- Dated this the 1st day of April, 2011 JUDGMENT The petitioners are Part Time daily wage Sweepers of the 3rd respondent Community Health Centre, Vaikom, which is being managed by the 2nd respondent Vaikom Municipality in accordance with the powers vested in them under the Kerala Municipality Act. According to them, being in service with effect from 1997, they are entitled to be regularised in service in accordance with Ext.P7 Government Order as explained by Ext.P9 order on the subject. The petitioners' grievance is that the Municipality is not taking steps to regularise their services in accordance with the Government Orders. Originally, the learned Standing Counsel for the Municipality submitted that under the Government Orders, it is not the Municipality to decide the creation of posts for regularisation of services of the existing Sweepers and it is for the Government to do so. Therefore, according to them, they are helpless in the matter. But, I specifically directed the learned Standing Counsel for the W.P.(C)No.8105/11 2 Municipality to get instructions as to whether it is not for the Municipality to first forward the proposal for creation of the post of Part Time Sweepers in accordance with the Government Order and recommend regularisation of the existing Part Time Sweepers. The learned Standing Counsel for the Municipality now submits that they realise that it is their duty to do so. 2. In the above circumstances, this writ petition is disposed of with the following directions: The Municipality shall forward proposals for creation of regular Part Time Sweepers' posts, for doing the job being done by the petitioners in accordance with Exts.P7 and P9 Government orders, to the Government with their recommendation regarding regularisation of the petitioners as existing Part Time Sweepers, if they come within the purview of Exts.P7 and P9 Government orders. This shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. On receipt of the same, the 1st respondent shall consider the same in accordance with Exts.P7 and P9 Government orders and pass W.P.(C)No.8105/11 3 appropriate orders thereon, as expeditiously as possible, at any rate, within three months therefrom. S. SIRI JAGAN, JUDGE acd W.P.(C)No.8105/11 4