IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WA.No. 1980 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.16590/2004 Dated 04/03/2009 APPELLANT: PETITIONER R.MOHANAN NAIR, (CASUAL SWEEPER (PART TIME SWEEPER), K.I.P.(O & M) SUB DIVISION NO.1, ADOOR), "PRASAD BHAVANAM", CHERUPUNJA, PERINGANAD P.O., ADOOR, PATHANAMTHITTA. BY ADVS. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): RESPONDENTS 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, K.I.P.(R.B) CIRCLE, KOTTARAKKARA. 4. THE EXECUTIVE ENGINEER, R.P.DIVISION NO.2, KOTTARAKKARA. 5. THE ASSISTANT EXECUTIVE ENGINEER, K.I.P. (O & M) SUB DIVISION NO.1, ADOOR. 6. C.V.ANANDAVALLY, (PART TIME SWEEPER, ASST. ENGINEER'S OFFICE, MINOR IRRIGATION SECTION, THIRUVALLA P.O.), THADATHILMELETHIL VEEDU, MONNALAM, ADOOR P.O., PATHANAMTHITTA. BY SENIOR GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1980 OF 2009 --------------------------------------------- Dated this the 22nd day of September, 2009 JUDGMENT Kurian Joseph, J. The petitioner is the appellant. He is aggrieved since he is not appointed in the first vacancy which arose in the Divisional Office in the post of Part-time Contingent Sweeper. No doubt, the petitioner is senior to the 6th respondent in terms of the date of appointment. But, as rightly pointed out by the learned senior Government Pleader, there are two distinct offices, the Divisional Office and the Sub Divisional Office and the posts of Part-time Sweeper were also separately sanctioned. Therefore, the petitioner having been appointed in the Sub Divisional Office, her regularization could only have been in the post available in the Sub Divisional Office. That has precisely been done as per Ext.P17, by which the service of the petitioner has been regularized with effect from 18.6.2001 in the Sub Divisional Office. 2. Yet, another grievance of the appellant is that no wages have been paid for the period from 19.3.1991 to 13.5.1991, though during the W.A. NO. 1980/2009 2 said period work has been done by the duly authorised substitute, the wife of the appellant. It is admitted in the counter affidavit itself that the work was carried out by the wife of the appellant. Therefore, it is only proper that permissible wages for the period from 19.3.1991 to 13.5.1991 are paid to the wife of the petitioner, Smt. Indira. She may produce a copy of this judgment before the 5th respondent within one month from today, in which case the wages for the period from 19.3.1991 to 13.5.1991 will be paid to her, in accordance with law, within another two months. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1980/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO. 1980/2009 JUDGMENT 22nd September, 2009