IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 26136 of 2009(J) -------------------------- PETITIONER(S): --------------- S.GIRIJA,W/O.RAJAN,PART-TIME SWEEPER, OFFICE OF THE ASSISTANT ENGINEER,IRRIGATION SECTION,CHERTHALA,ALAPPUZHA DISTRICT. AND CANAL OFFICE,CIVIL STATION,CHERTHALA,ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF IRRIGATION,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION,THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER,IRRIGATION DIVISION, ALAPPUZHA. 4. ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION,ALAPPUZHA. 5. CANAL OFFICER,CANAL OFFICE,MINI CIVIL STATION,CHERTHALA. 6. THE ASSISTANT ENGINEER,IRRIGATION SECTION,CHERTHALA. 7. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.26136 of 2009 (J) --------------------------------- Dated, this the 6th day of August, 2010 J U D G M E N T The petitioner claims to be a Part Time Sweeper engaged by the 5th respondent, and eligible for the benefit of regularisation as ordered in Ext.P3 GO(P) No.501/2005/Fin. dated 25/11/2005. According to the petitioner, sweeping area has already been measured and as per Ext.P4, it is more than 100 sq.m., and therefore, a proposal as required in terms of Ext.P3 Government Order is required to be made by the 5th respondent for the orders of the 1st respondent regularising her services. 2. If as stated by the petitioner, she is a Part Time Sweeper under the 5th respondent, now that Ext.P3 Government Order is still in force, it is up to the 5th respondent to consider the eligibility of the petitioner for regularisation, and make necessary proposal, and obtain orders of the 1st respondent in this behalf. 3. Having regard to the fact that such a proposal has not been made so far, it is directed that the 5th respondent shall either WP(C) No.26136/2009 -2- act open Ext.P4 sweeping area certificate or by obtaining a fresh one, and make necessary proposal in terms of Ext.P3 Government Order and obtain appropriate orders from the 1st respondent. This shall be done as expeditiously as possible, at any rate, within four months of production of a copy of this judgment. 4. The petitioner shall produce a copy of this judgment before the 5th respondent for compliance. In the meanwhile, the 5th respondent is also directed to consider the claim of the petitioner for wages as declared in Ext.P1 judgment of this Court. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg In the judgment dated 6.8.2010 in W.P(c) No.26136/09 J, (a) the words “the 5th respondent” appearing in the 2nd line of the 1st paragraph are corrected and substituted as “5th and 6th respondents.” (b) The words “5th respondent” appearing in the 7th line of paragraph 1, 2nd and 3rd lines of paragraph 2, 2nd line of paragraph 3 WP(C) No.26136/2009 -3- and 2nd and 3rd lines of paragraph 4 are corrected and substituted as “6th respondent.” as per order dated 2.11.2010 in I.A.No.14958/10. Sd/- Registrar (Judicial)