IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 37546 of 2007(T) -------------------------- PETITIONER: ------------ T.C.SARASAMMA, AGED 50 YEARS, THAZHAM THARAYIL HOUSE, BUDHANOOR P.O., BUDHANOOR, ALAPPUZHA DISTRICT. BY ADV. SMT.K.S.SAIRA SRI.A.ANILKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DISTRICT PANCHAYAT OFFICER, ALAPPUZHA. 4. THE SECRETARY, BUDHANOOR GRAMA PANCHAYAT, ALAPPUZHA. BY ADV. SRI.K.SASIKUMAR FOR R4 GOVERNMENT PLEADER FOR R1 SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1- THE TRUE COPY OF THE RESOLUTION NO.XVII DTED 31.10.89 OF THE BUDHANOOR GRAMA PANCHAYAT EXT.P2- A TRUE COPY OF THE JUDGMENT DATED 21.5.2003 IN O.P. 8334 OF 1992 EXT.P3- TRUE COPY OF ORDER NO.G.O.(Rt).NO.3254/07/LSGD DATED 28.11.07 OF THE FIRST RESPONDENT EXT.P4- TRUE COPY OF ORDER NO.B.561/2007 DATED 7.12.2007 OF THE 4TH RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).37546/2007 -------------------- Dated this the 7th day of July, 2008 JUDGMENT Petitioner was engaged as a Part Time Sweeper in the fourth respondent, Panchayat, since 6.5.1983. She is now aged 51 years. She belongs to the Scheduled Caste community. She was being paid a sum of Rs.24/- per month from 1983 onwards. Aggrieved by Ext.P1 resolution dated 31.10.1989, she approached this Court seeking parity of wages and regularization, in O.P.8334/1992, which was disposed of directing the Government to take a decision in the matter of regularization and the petitioner’s wages. Pursuant thereto, the Panchayath apparently affirmed the stand that the petitioner has rendered service as Part Time Sweeper, but on daily wages from 26.5.1983. By Ext.P3 order dated 28.11.2007, Government has rejected the petitioner’s claim for regularization in service on the ground that there was actually a sanctioned post of Part Time Sweeper. But, nevertheless the Panchayat had engaged persons through Employment Exchange upto 1983. W.P.(C).37546/2007 2 2. Subsequent to 1983, petitioner was appointed as Part Time Sweeper on daily wages and therefore, her claim for regularization cannot be considered. Panchayath was directed to report the vacancies to the Employment Exchange. Pursuant to Ext.P3, petitioner’s services were terminated, by Ext.P4 order passed by the Secretary. Exts.P3 and P4 are under challenge in this writ petition. Counter affidavit has been filed by the fourth respondent affirming that the petitioner has been engaged in the Panchayath ever since 26.5.1983. It is further affirmed that nobody else has been appointed in the post so far. 3. First respondent also has filed counter affidavit supporting Ext.P3 order. 4. I heard learned counsel for the petitioner, learned senior Government Pleader Mr.Nandakumar and learned counsel for the fourth respondent Mr. Sasikumar. 5. There is no dispute that the petitioner was engaged W.P.(C).37546/2007 3 as Part Time Sweeper in the Panchayath since 26.5.1983. There is also no dispute that there is a post of Part Time Sweeper already sanctioned in the Panchayath. Though the petitioner has been engaged on daily wages, it is clear that she was being paid a remuneration of Rs.24/- per month. There has been no interruption in service. Going by the version given by the Panchayath, no other person has also been engaged in the place of the petitioner. In the circumstances, the stand taken by the first respondent does not seem to be in consonance with G.O.(P).501/2005 dated 25.11.2005 also. 6. For all these reasons, writ petition is allowed. Exts.P3 and P4 are quashed. Respondent is directed to re-engage the petitioner as Part Time Sweeper. She will be entitled to all consequential benefits, but wages on a par with other Part Time Sweepers shall be confined to a period of three years, prior to Ext.P3 order. V.GIRI, Judge mrcs