IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WA.No. 1730 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26160/2007 Dated 30/03/2009 .................... APPELLANT(S): RESPONDENTS 1 TO 4 IN WPC. ---------------------------------------- 1. MEDICAL OFFICER-IN-CHARGE, PRIMARY HEALTH CENTRE,PINDIMANA, KOTHAMANGALAM,ERNAKULAM DISTRICT. 2. DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM. 3. DIRECTOR, HEALTH SERVICES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU. RESPONDENT(S): PETITIONER & 5TH RESPONDENT IN THE WPC. ------------------------------------------------------ 1. RAJAMMA.K.P.,W/O.AYYAPPAN, PART-TIME SWEEPER,PRIMARY HEALTH CENTRE, PINDIMANA,PINDIMANA P.O.,KOTHAMANGALAM, ERNAKULAM DISTRICT. 2. T.K.NIRMALA, PART-TIME SWEEPER,PRIMARY HEALTH CENTRE, PINDIMANA,PINDIMANA P.O.,KOTHAMANGALAM, ERNAKULAM DISTRICT. ADV. SRI.M.V.THAMBAN FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.1730 of 2009 ---------------------------------------------- Dated 18th March, 2010. J U D G M E N T Balakrishnan Nair, J. The respondents 1 to 4 in the Writ Petition are the appellants. The writ petitioner is the first respondent. She is a Sweeper working on daily wage basis, against a sanctioned post. She claimed the benefit of Ext.P4 Government Order dated 25.11.2005. The appellants pointed out that the said Government Order does not cover the case of the daily waged Sweepers, working against sanctioned posts. But, the learned Single Judge overruled their objection and directed to consider the claim of the first respondent, for the benefit of Ext.P4 Government Order. Feeling aggrieved by that direction, this Writ Appeal was preferred. 2. When the Writ Appeal came up for admission, it was brought to our notice that the Government have, thereafter, issued G.O.(P) No.61/2010/Fin. dated 9.2.2010, which covers the case of the persons like the first respondent herein. The relevant W A NO.1730/09 2 clauses of the said Government Order, governing the case of the first respondent read as follows :- “(i) All existing sweepers, other than Casual Sweepers, irrespective of the mode of appointment, shall also be entitled for regularisation based on the sweeping area, defined in the Government Order read as 3rd paper above, provided their appointments were made on or before the issuance of GO read above and are continuing as such on the date of this order. The regularisation will have effect from the date of this order only. x x x x x x x x x x x x x x x x x x x x (iv) In cases, where Sweepers were engaged against existing sanctioned posts for any reason shall also be entitled to regularisation, provided the date of appointment was on or before 25.11.05. On retirement of the existing sweeper in such offices, the vacancy will be filled up through Employment Exchange only.” The first respondent is entitled to get the benefit of the above clauses, provided she was appointed on or before 25.11.2005. It is common ground that she has been appointed before 25.11.2005 and she has been working since then. According to the first respondent, she has been working since 1997. In view of W A NO.1730/09 3 the above position, the Writ Appeal is disposed of directing the competent authority among the appellants, to consider the case of the first respondent for regularisation and pass final orders, in the light of the aforementioned Government Order dated 9.2.2010, within four months from the date of receipt of a copy of this judgment. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.1730 of 2009 ---------------------------------------------- J U D G M E N T Dated 18th March, 2010.