IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 547 of 2009(M) ------------------------------------ PETITIONER(S): ----------------------- C.MADUSOOTHANAN, S/O.GOVINDAN, AGED 37 YEARS, CHEMMAROT HOUSE, KOTTOOR, SREEKANDAPURAM POST, KANNUR,PRESENTLY WORKING AS CASUAL SWEEPER, IN THE OFFICE OF THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, ALC, SREEKANDAPURAM, KANNUR. BY ADVS.MR.N.M.VARGHESE MR.ROY THOMAS RESPONDENT(S): ----------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE(T)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE, CIVIL STATION, KANNUR. 3. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, ALC,SREEKANDAPURAM, KANNUR DIST. BY GOVT. PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.547/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(P) NO.501/2005 /FIN. DTD. 25.11.05. P2:- COPY OF THE JUDGMENT DTD. 18.9.08 PASSED BY THIS HONOURABLE COURT IN WPC. 27771/2008. P3:- COPY OF THE IMPUGNED G.O.(RT) 3620/08/RD DTD. 17.11.08 PASSED BY THE SIT RESPONDENT. P4:- COPY OF THE LIST OF SUPERINTENDENTS WORKED/ WORKKING IN THE OFFICE OF THE 3RD RESPONDENT FROM THE BEGINNING OF THE OFFICE. P5:- COPY OF THE DETAILS OF STAFF AT THE 3RD RESPONDENT OFFICE. P6:- COPY OF THE DETAILS OF VILLAGES WHEREIN THE RE SURVEY WORKS HAVE TO BE COMPLETED BY THE 3RD RESPONDENT OFFICE. P7:- COPY OF THE DETAILED LIST OF VILLAGES SO TO BE HANDED OVER FOR REVENUE ADMINISTRATION. TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 547 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of July, 2009 JUDGMENT The petitioner is a Casual Sweeper working in the office of the third respondent since in the year 1987. After Ext.P1 Government order dated 25-11-2005 was issued for regularization of existing Casual Sweepers, the petitioner moved the Government seeking regularization. The sweeping area of the third respondent's office exceeds 100 Sq. Mts., thereby entitling the petitioner for regularization. However, the Government by Ext.P3 order dated 17-11-2008 rejected the petitioner’s request for regularization on the short ground that the office of the third respondent is a temporary establishment and therefore a post of Part- time Sweeper cannot be created there in order to regularize him in service. Ext.P3 is under challenge in this writ petition wherein the petitioners seeks a writ in the nature of mandamus commanding the respondents to regularize him in service in terms of Ext.P1 Government order. 2. A reading of Ext.P3 indicates that the petitioner’s request for regularization in service in terms of Ext.P1 Government order has been declined on the short ground that the office of the third respondent is a temporary establishment. A learned Single Judge of this Court has in W.P. W.P.(C) No. 547/09 2 (C) No. 10774 of 2008 held that temporary establishments are also covered by Ext.P1 Government order. In the light of the decision of the learned Single in W.P.(C) No. 10774 of 208 to which the State Government is a party, I am of the opinion that the stand taken by the Government in Ext.P3 cannot be sustained. Apart form stating that the third respondent’s office is a temporary establishment, no other reason has been stated in Ext.P3 to deny the petitioner regularization in service. I accordingly quash Ext.P3 and directed the Government to regularize the petitioner in service in the office of the third respondent applying the paragraph 8 of Ext.P1 Government order dated 25-11-2005. Needless to say, the petitioner will be entitled to regularization with effect from 18-6-2001 and also to all consequential benefits, including payment of salary and allowances. This shall be done within four months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the judgment in W.P.(C) No. 10774 of 2008 before the Secretary to Government, Revenue Department. Payment of arrears of salary and allowances at the applicable rates shall be made within another two months thereafter. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE. mn.