IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32594 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. VASANTHA.P.K, PART TIME CASUAL SWEEPER, MEZHUVELI GRAMA PANCHAYAT, ELAVUMTHITTA.P.O, PATHANAMTHITTA DISTRICT. 2. THANKAMMA.K.S, PART TIME CASUAL SWEEPER, MEZHUVELI GRAMA PANCHAYAT, ELAVUMTHITTA.P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYAT, PATHANAMTHITTA. 4. MEZHUVELI GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY MEZHUVELI GRAMA PANCHAYAT, ELAVUMTHITTA.P.O, PATHANAMTHITTA DISTRICT. BY GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.32594 of 2008 ====================================== Dated this the 5th day of November 2008 JUDGMENT The petitioners are casual sweepers engaged by the 4th respondent Panchayat. The pleadings disclose that the petitioners are paid Rs.850/= and Rs.300/= per mensem, respectively. They have filed this writ petition in the wake of Ext.P3 letter dated 19.7.2008 sent by the Deputy Director of Panchayats, Pathanamthitta to the Secretaries of all Panchayats in that District alerting them that appointment of casual sweepers on daily wage basis should not be resorted to and that appointments can be made only through the Employment Exchanges. It is further stated that if the said directions are violated, the Secretary will have to pay the wages from his/her pocket. In this writ petition the petitioners seek a declaration that they are entitled to continue in service as Part-time Sweepers and for a direction to the respondents to refrain from terminating their services. 2. The first petitioner was engaged in February 2006 otherwise than through the Employment Exchange. Paragraph-13 of G.O.(P) No.501/05/Finance dated 25.11.2005 stipulates that from the date of the said order, Part-time Sweepers can be engaged .only through the Employment Exchange. In fact there is a prohibition against engagement W.P.(C)No.32594/2008 2 otherwise than through the Employment Exchange. The first petitioner, who was admittedly engaged on daily wage basis in February 2006, cannot therefore claim continuance in service or regularisation in terms of the said Government order. As regards the second petitioner, Ext.P2 discloses that she was engaged pursuant to the resolution adopted by the 4th respondent Panchayat at its meeting held on 26.2.2003 and the pleadings disclose that she is engaged to clean the market run by the Panchayat once in a week and is paid Rs.300/- per mensem for such engagement. G.O.(P) No.501/05/finance dated 25.11.2005, does not contemplate regularisation of casual employees like the second petitioner engaged to work on daily wage basis. Therefore the second petitioner also cannot seek continuance or regularisation. Since the petitioners are not entitled to any benefit flowing from G.O.(P)No.501/05/Fin. dated 25.11.2005, the reliefs prayed for by them cannot be granted. The writ petition accordingly fails and is dismissed. P.N.RAVINDRAN, JUDGE css/