IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10272 of 2008(W) -------------------------- PETITIONER: ------------ 1. T.VASANTHA, KOTTAPPURATH HOUSE, KOZHIKATTIRI P.O., PATTAMBI. (CASUAL SWEEPER, MOBILE SOIL TESTING LABORATORY, PATTAMBI). 2. SAINABA, KOORIYATTUTHODI HOUSE, PATTAMBI POST, PATTAMBI, (CASUAL SWEEPER, CENTRAL ORCHARD, PATTAMBI.) BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS: ------------- 1. PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD. 2. ASSISTANT SOIL CHEMIST, MOBILE SOIL TESTING LABORATORY, PATTAMBI. 3. AGRICULTURAL OFFICER, CENTRAL ORCHARD, PATTAMBI. BY GOVERNEMNT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).10272/2008 -------------------- Dated this the 27th day of March, 2008 JUDGMENT Petitioners claim to be working as Casual Sweepers in the Department of Agriculture under respondents 2 and 3. According to them, sweeping area serviced by them is an excess of 100 sq meters and therefore, they are entitled to wages on a par with the contingent staff. This is affirmed by clause 9 and 11 contained in G.O.(P). 501/2005 dated 2.11.2005. Petitioners were drawing salary on a par with the contingent staff till November, 2006. But it has thereafter, been reduced without notice to them. In the circumstances, they have represented the matter before respondents 2 and 3. 2. The question of regularization of Casual Sweepers and payment of wages to them on a par with the contingent staff is regulated under the provisions of G.O. (P).501/2005. The scale of pay has been delineated in several judgments of this Court. If a Casual Sweeper, commences service prior to 6.10.2003 and services an W.P.(C).10272/2008 2 area in excess of 100 sq meters as determined by the appendix to Government order, G.O.(P).501/2005, then the post of part time sweepers is to be sanctioned and incumbent is to be regularized construing clause 9 and 11 of the said Government Order. This Court, as per the judgment dated 2.11.2006 in Writ Petition No.19186/2006 and Connected Cases, held that the casual sweepers are also entitled to protection of wages as contemplated under clause 11 above. 3. I heard learned counsel for the petitioners and the learned Government Pleader. 4. In the result, writ petition is disposed of in the following terms:- 5. Indicating the above aspects, petitioners may file individual representations before R2 and R3 respectively, to be forwarded to the Government. A representation may therefore, be addressed to the first respondent and submitted before R2 and R3. This shall be done within W.P.(C).10272/2008 3 one month from today. Thereupon, R2 and R3 will cause the sweeping area serviced by the petitioners to be determined by the concerned authority of the Public Works Department, in terms of the appendix to Government Order and with notice to the petitioners. The sweeping area certificate shall, thereafter, be forwarded to the first respondent along with the representations submitted by the petitioners, within a period of two months from the date of receipt of the representations. First respondent shall then take a decision on the petitioners' claim after notice to the petitioners and in the light of the directions issued in Writ Petition No. 19186/2006 and Connected Cases. Petitioners' claim for arrears shall be determined as per the directions issued by the Division Bench of this Court in Writ Appeal No.1863/2004 and Connected Cases. V.GIRI, Judge mrcs