IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9242 of 2009(A) ------------------------- PETITIONER(S): --------------- V.CHEMBAKAM, PART TIME CONTINGENT SWEEPER,STATE SEED FARM,MUTHALAMADA, PALAKKAD DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. THE PRINCIPAL AGRICULTURE OFFICER, PALAKKAD. 2. THE DEPUTY DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE AGRICULTURE OFFICER,STATE SEED FARM, MUTHALAMADA, PALAKKAD. 4. STATE OF KERALA-REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9242/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of March, 2009 J U D G M E N T The petitioner is working as a casual sweeper in the Farmers' Training Centre, Alathur, Palakkad from 01/08/1995. Initially, she was being paid only a sum of Rs.110/- per month. The total sweeping area of the building was 231 sq.mts. Subsequently, the said Farmers' Centre was closed down in the year 2004 and, therefore, she was posted in the office of the State Seed Farm, Muthalamada as per Ext.P1 order. Seeking for payment of adequate wages, she approached this Court by filing W.P.(C). No.4484/2004. The same was disposed of directing the respondents to consider the claim in the light of the various Government orders and further bearing in mind the distinction drawn between places where areas to be swept are below 100 sq.mts. and over 100 sq.mts. Thereafter, she filed Ext.P3 representation, but no decision has been taken yet. The petitioner submits that going by Ext.P4, the sweeping area is 103.52 sq.mts. Hence, accordingly, she is entitled for revision of wages also. The petitioner relies upon Exts.P5 and P6 Government Orders in the matter. 2. Ext.P7 will show that already the proforma for creation of part time sweeper in accordance with the terms of G.O.(P).No.501/2005, has W.P.(C) No.9242/2009 -:2:- been forwarded by the third respondent Agricultural Officer, Muthalamada, along with the sweeping area certificate, sketch etc., to the first respondent Principal Agricultural Officer, Palakkad. 3. The petitioner seeks for a direction to the Government to create a post of part time sweeper and regularise her in service and to disburse all monetary benefits attached to the post in question including arrears as provided under G.O.(P) No.501/2005. 4. Respondents 1 to 3 will therefore take appropriate action to forward the details to the fourth respondent within one month from the date of receipt of the copy of this judgment. The fourth respondent will pass final orders in the matter within a further period of two months, in accordance with paragraphs (8) to (11) of G.O.(P).No.501/2005 and other government orders in that matter. Consequential benefits will be disbursed to the petitioner without any further delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms