IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 24684 of 2008(L) ---------------------------------------- PETITIONER(S): ------------------------ OMANA.K, PART TIME CASUAL SWEEPER, MALAYALAPUZHA GRAMA PANCHAYATH, PATHANAMTHITTA. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. THE PANCHAYATH DEPUTY DIRECTOR, PATHANAMTHITTA. 4. THE SECRETARY, MALAYALAPUZHA GRAMA PANCHAYATH, MALAYALAPUZHA.P.O, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL FOR R4 GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24684/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER DT. 6.5.06 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE G.O.(P) NO.501/05 DT. 25.11.05. P3:- COPY OF THE RESOLUTION NO.III DT. 7.2.06. P4:- COPY OF THE ORDER DT. 9.7.07. P5:- COPY OF THE RESOLUTION NO.XI DT. 22.3.08. P6:- COPY OF THE APPLICATION FOR CREATION OF POST OF PART TIME CONTINGENT SWEEPER DT. 9.7.07. P7:- COPY OF THE SEEPING AREA CERTIFICATE. P8:- COPY OF THE LETTER DT. 22.7.07 ISSUED BY 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24684 of 2008-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2009. JUDGMENT This writ petition is filed mainly seeking for regularisation of the petitioner in the service of the 4th respondent Grama Panchayat as Part-time Sweeper. The petitioner contends that in the light of Ext.P8 letter issued by the Director of Panchayats, in respect of a daily waged Sweeper in Elanthur Grama Panchayat, the Panchayat is trying to terminate her service also. 2. The petitioner has been working as a Part-time Sweeper from 5.1.2000 in the 4th respondent Panchayat. The sweeping area covered by the petitioner is 273.29m2 . As per Ext.P1 letter issued by the first respondent, the Director of Panchayats was directed to consider the regularisation of service of the Part-time Sweepers in accordance with G.O.(P) No.501/2005/Fin. dated 25.11.2005 stating that the provisions of the said Govt. Order can be made applicable to the casual sweepers in the Panchayats also. Ext.P2 is the copy of the Govt. Order dated 25.11.2005. 3. The Panchayat passed a resolution recommending grant of the benefit to the petitioner as per Ext.P3. By Ext.P4, they have regularised her wpc 24684/2008 2 service with effect from 18.6.2001 in accordance with the terms of Ext.P2. For creating the post of Part-time Sweeper, the Panchayat has passed a resolution as per Ext.P5 and Ext.P6 is the application in the form prescribed . Ext.P7 is the sweeping area certificate. 3. In Ext.P8, the stand taken is that the concerned sweeper was working on daily wages and as such, she is not entitled for the benefit of Ext.P2. The petitioner points out that the said stand taken in Ext.P8 is not correct in the light of the specific provisions contained in Exts.P1 and P2. 4. The third respondent has filed a counter affidavit. It is pointed out that as regards casual sweepers who are working on a monthly remuneration of Rs.600/-, the Government will have to extend the benefit as per Ext.P1, to them. It is pointed out that the petitioner being a daily waged sweeper, is not entitled to get the benefit of Ext.P2. It is also pointed out that the Panchayat is not competent to regularise her service. 5. The question is whether Ext.P2 will apply to the persons like the petitioner. The question whether the benefit of Ext.P2 will apply to daily waged sweepers, has been decided by this court in a batch of cases in Writ Petition No.19186/2005 and connected cases. The question was elaborately considered and ultimately it is found that the benefit could be granted. Detailed findings have been rendered therein directing the authorities to wpc 24684/2008 3 confer the benefits on the respective petitioners therein also. In Ext.P1 dated 6.5.2006, after referring to the various circumstances, it has been made clear that the scheme framed under Ext.P3 will be applicable to casual sweepers appointed in the Panchayats, prior to 9.9.2005 (the date of the judgment in Writ Appeal No.1863/2004). 6. In that view of the matter, the writ petition is allowed. It is declared that the petitioner is entitled for the benefit of Ext.P2 Govt. Order dated 25.11.2005. The first respondent will take appropriate action on Ext.P6 within a period of three months from the date of receipt of a copy of this judgment. The petitioner will be entitled for such benefits as are available as per Ext.P2 Govt. Order along with consequential monetary benefits. (T.R. Ramachandran Nair, Judge.) kav/