IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 6314 of 2009(H) ----------------------------------- PETITIONER(S): ------------------------ B.SANTHA, SWEEPER, OFFICE OF THE EXECUTIVE ENGINEER, DIVISION -II, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. RESIDING AT TRUE COPY 25/579, VAYALNIKATHIYA PUTHEN VEEDU, THAMPANOOR, THIRUVANANTHAPURAM BY ADVS. SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA MR.S.SANJITH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. HOUSING (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS CHAIRMAN, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, DIVISION NO.II, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 6314 of 2009 --------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT The petitioner is working as Sweeper under the 2nd respondent, Kerala State Housing Board. It is submitted that she had been working as such from 1995 onwards. Initially, she was appointed on contract basis which was being renewed from time to time. At present she is getting Rs.1700/- per mensem as salary as per Agreement No.21/2008 dated 30.09.2008 (Ext.P1). 2. Petitioner seeks regularisation in service in the light of G.O.(P) No.501/2005/Fin. dated 25.11.2005. It is pointed out that the sweeping area of the office is 670.50 sq.meters and accordingly, the petitioner is entitled for regularisation as provided by the Government Orders from time to time along with the benefits of Pay Revision. 3. On instructions, a statement has been filed by the learned Standing Counsel for the Housing Board. It is stated in para 8 of the statement that the proposal for the creation of post and regularisation of casual sweepers has been taken up with the Government and further course of action will be taken as directed by the Government, the first respondent. It is further pointed out that decision regarding the regularisation of employees on contract basis in the Board depends on various aspects such as availability of sanctioned post, financial position of the Board, directions from Government etc. At present there is no existing vacancy in the post of Part wpc/6314/2009 2 Time Sweeper. It is further stated in para 9 that the matter of regularisation of casual sweepers including the petitioner has already been taken up with the Government based on the Board decision dated 16.02.2008 and also based on G.O.(P) No.501/2005/Fin. dated 25.11.2005. Therefore, the Government will have to take a decision in the matter. The Writ Petition is disposed of directing the first respondent to take a decision as requested by the second respondent Kerala State Housing Board. Appropriate orders will be passed on the said request of the second respondent and Ext.P8 representation filed by the petitioner within a period of three months from the date of receipt of a copy of this judgment and depending upon the order thus passed by the Government, appropriate benefits will be granted to the petitioner. T.R.RAMACHANDRAN NAIR, JUDGE bps