IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 22849 of 2008(T) -------------------------------------- PETITIONER(S): --------------------- ANNAMMA CHACKO, PART TIME SWEEPER, VECHOOCHIRA GRAMA PANCHAYAT, KUNNAM, VECHOOCHIRA P.O. 686 511, PATHANAMTHITTA DISTRICT. BY ADV. MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 4. VECHOOCHIRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KUNNAM, VECHOOCHIRA P.O., 686 511. R1 TO R3 BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 22849/2008-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O. NO.501/2005/FIN. DATED 25/11/2005. EXT.P2: COPY OF THE LETTER DATED 06/05/2006. EXT.P3: COPY OF THE RESOLUTION DATED 01/08/2006 PASSED BY THE VECHOOCHIRA GRAMA PANCHAYAT. EXT.P4: COPY OF THE ORDER DATED 02/08/2006 OF THE VECHOOCHIRA GRAMA SECRETARY. EXT.P5: COPY OF THE RESOLUTION DATED 01/08/2006 OF THE VECHOOCHIRA GRAMA PANCHAYAT. EXT.P6: COPY OF THE REPORT OF THE ASST. ENGINEER DATED 18/08/2006. EXT.P7: COPY OF THE RESOLUUTION PASSED BY VECHOOCHIRA GRAMA PANCHAYAT DATED 25/02/2008. EXT.P8: COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF PANCHAYAT, PATHANAMTHITTA DATED 19/05/2008. EXT.P9: COPY OF THE LETTER DATED 13/06/2008, FROM THE 3RD RESPONDENT. EXT.P10: COPY OF THE REPRESENTATION FROM THE PETITIONER TO SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, DATED 19/08/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.22849 of 2008 ------------------------- Dated this the 25th day of March, 2009. JUDGMENT The petitioner is working as a sweeper on daily wages in the 2nd respondent panchayat since 1.2.2001. The sweeping area serviced by her is in excess of 100 sq.m, according to her. The petitioner claims that she has been appointed as Part Time Sweeper, pursuant to the decision taken by the panchayat on 19.1.2001. 2. The petitioner claims that the sweeping area serviced by her is 479.87 sq.m., as evidenced by Ext.P6 report of the Assistant Engineer. The panchayat committee decided to request the Deputy Director to regularise the services of the petitioner. The panchayat also sought for permission to promote the petitioner from the post of Part Time Sweeper to the post of Full Time sweeper, after declaring her probation. These requests were rejected under Exts.P8 and P9. The writ petition has been filed challenging Exts.P8 and P9. W.P.(C).No.22849 of 2008 :: 2 :: 3. The petitioner claims the benefit of G.O.(P) No.501/05/Fin dated 25.11.2005 and claims the right to be regularised on the ground that she has been in service since 1.2.2001, and the sweeping area is in excess of 100 sq.m., and that she has been continuously working as a casual sweeper from the said date. 4. Learned Government Pleader points out that G.O.(P)No.501/05/Fin essentially applies to cases where casual sweepers have been engaged on a monthly wage basis in offices where no posts have been sanctioned as such. In such cases, subject to the satisfaction of other conditions, the Government would sanction a post of Part Time Sweeper and direct regularisation of the incumbent. The present is a case were, according to the learned Government Pleader, there was a temporary post of Part Time Sweeper in the Vechoochira Grama Panchayat, in which case, the panchayat should have appointed a person from the list sponsored by the concerned employment exchange. They could not have appointed the petitioner. W.P.(C).No.22849 of 2008 :: 3 :: 5. The petitioner has been working as Part Time Sweeper in the panchayat. The panchayat ought not to have appointed a person against a sanctioned post without following the procedure for appointment. But the fact remains that the petitioner has been working initially on daily wage basis and thereafter on a consolidated payment of Rs.600/- per month. The sweeping area serviced by the petitioner is 479.87 sq.m, going by the certificate issued by the Assistant Engineer of the Public Works Department (Ext.P6). 6. In these circumstances, the Government should consider the claim of the petitioner, if necessary by relaxing the rigour of any other conditions contained in G.O.(P) No.501/05/Fin, taking note of the fact that the petitioner has actually been working with effect from 1.2.2001 and there was a sanctioned post in the panchayat. Fresh orders shall be passed on Ext.P10 filed by the petitioner in this regard, after hearing the petitioner, in the light of the observations made above, within six months from the date of receipt of a copy of this judgment. The interim order already passed by W.P.(C).No.22849 of 2008 :: 4 :: this court shall continue, till orders are passed by the Government. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//