IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9788 of 2009(P) ------------------------- PETITIONERS: --------------- 1. SATHY, CASUAL SWEEPER,OFFICE OF THE ASSISTANT COMMISSIONER,DEPARTMENT OF COMMERCIAL TAXES,SPECIAL CIRCLE-III,ERNAKULAM.THEVARA, KOCHI-15. 2. K.G.RATHY,CASUAL SWEEPER,OFFICE OF THE ASSISTANT COMMISSIONER,DEPARTMENT OF COMMERCIAL TAXES,SPECIAL CIRCLE-II,ERNAKULAM.THEVARA, KOCHI-15. BY ADV. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN RESPONDENTS: --------------- 1. ASSISTANT COMMISSIONER,DEPRTMENT OF COMMERCIAL TAXES,SPECIAL CIRCLE-I,ERNAKULAM. THEVARA,KOCHI-15. 2. ASSISTANT COMMISSIONER,DEPARTMENT OF COMMERCIAL TAXES, SPECIAL CIRCLE-II,ERNAKULAM. THEVARA, KOCHI-15. 3. DEPUTY COMMISSIONER,DEPARTMENT OF COMMERCIAL TAXES,ERNAKULAM,THEVARA,KOCHI-15. 4. COMMISSIONER OF COMMERCIAL TAXES, PUBLIC OFFICE BUILDINGS,VIKAS BHAVAN.PO, THIRUVANANTHAPURAM. 5. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES(D)DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 9788 of 2009 -------------------------- Dated this the 26th March,2009 J U D G M E N T Petitioners are working as Part-time Sweepers on casual basis in the Department of Commercial Taxes. First and second petitioners have been working in the office of the 1st and 2nd respondents respectively since 1987. The sweeping area of the offices concerned is more than 100 Sq.mtrs. The Government was framed a scheme for regularization of the existing casual sweepers by creating necessary posts as per the guidelines issued by Exhibit-P1 order dated 25.11.2005. Petitioners sought for various reliefs provided in the said Government Order and based on their representations, the 1st and 2nd respondents have forwarded necessary proposals to the Commissioner, Commercial Taxes for creation of the post of Part-time Sweepers in the respective offices as per Exhibit-P1 order going by Exhibits P2 and P2 (a). W.P ( C) No. 9788 of 2009 2 2. Exhibit-P3 is a letter dated 9.7.2007 from the 3rd respondent to the 4th respondent furnishing his specific remarks recommending to create posts of part-time sweepers in the offices of the 1st and 2nd respondents. Third respondent again as per letter dated 24.12.2007 (Ext.P4) requested the 4th respondent to create posts of Part-time Sweepers in the various offices under his jurisdiction including those to which petitioners are appointed. 3. Petitioners submit that in spite of various efforts made by them so far no orders have been passed in the matter. 4. It is pointed out that Sri.R.Suresh Babu, another part-time sweeper working in the same department was granted regularization as per Exhibit-P7 order pursuant to the directions issued by this court in WPC 30579/07. 5. By Exhibit-P1 order various benefits have been granted to casual sweepers and part-time sweepers like the petitioners. The posts have to be created in the respective offices for their regularization. Since the matter has been pending for long time, petitioners pray that a time limit W.P ( C) No. 9788 of 2009 3 may be fixed to take a final decision to grant the benefits to which they are entitled as per Exhibit-P1. 6. In the result, there will be a direction to the 4th respondent to take appropriate action on Exhibits P2 and P2(a) within a period of six weeks from the date of receipt of a copy of this judgment and forward the entire details to the 5th respondent. The 5th respondent will pass appropriate orders in accordance with the provisions of Exhibit-P1 regarding the creation of posts and regularization of petitioners and grant of monetary benefits within a further period of two months thereafter. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 9788 of 2009 4 W.P ( C) No. 9788 of 2009 5