IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 20799 of 2008(A) -------------------------- PETITIONER: ------------ KANCHANA.C, CASUAL SWEEPER, DISTRICT HOSPITAL, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. THE MEDICAL OFFICER, DISTRICT HOSPITAL, KANNUR. 2. THE DIRECTOR OF HEALTH (MEDICAL), TRIVANDRUM. 3. THE SECRETARY TO GOVT., DEPARTMENT OF HEALTH & SOCIAL WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 4. SECRETARY, DISTRICT PANCHAYAT, KANNUR DIST. BY SR. GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No. 20799 of 2008 -------------------------- Dated this the 19th August, 2008 J U D G M E N T The petitioner was initially appointed as Part-time Sweeper in the District Headquarters Hospital at Kannur on daily wages on 10.12.1999. She continued in that post till 29.11.2001. Her services were terminated on 29.11.2001. Thereafter, she was re-appointed as Part- time Sweeper on daily wages with effect from 2.12.2001. While the petitioner was thus working as Part-time Sweeper, she was appointed as Attender. By Exhibit-P3, G.O (P) No.501/2005/Fin. Dated 25.11.2005, the State Government decided to regularise the services of existing casual sweepers. Claiming the benefit of the said Government Order, petitioner filed Exhibit-P4 representation. Her application for regularisation was recommended by the Secretary of the District Panchayat, Kannur, as evidenced by Exhibit-P5. Thereafter, this writ petition was filed claiming the following reliefs. W.P ( C) No. 20799 of 2008 2 “i) Issue a Writ of mandamus or such other Writ or direction directing the 3rd respondent to regularize the petitioner's service as part time sweeper in the light of G.O (P) No.501/2005 dt. 25.11.2005 ii) issue a writ of mandamus or such other writ or direction directing the respondents 1 to 3 to disburse the back wages giving due advertence to the sweeping area that the petitioner had swept” 2. The first respondent has filed a statement as directed by this Court. Paragraphs 4 and 5 of the said statement read as follows: “4. It is submitted that the District Hospital is under the control of the District Panchayat. The District Panchayat as per Ext.P5 requested the Government to create the post of Part Time Sweeper in the Hospital in order to regularise the service of the petitioner. When the 1st respondent was asked to offer remarks on the request of the District Panchayat, the 1st respondent submitted Ext.P6 to the Hon'ble Minister. 5. It is humbly submitted that the Government is the appropriate authority to take a decision in the matter of creation of post and regularisation of the petitioner and the matter is now pending before the Government.” 3. From the averments in the statement filed on behalf of the respondents, it is evident that the issue W.P ( C) No. 20799 of 2008 3 regarding regularisation of the services of the petitioner is pending consideration of the Government. In the result, the writ petition is disposed of with a direction to the Secretary to Government, Department of Health and Social Welfare to take a final decision in the matter in the light of Exhibit-P3 Government Order within a period of three months from the date of receipt of a copy of this judgment. Till such time, status quo as on today shall continue. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No. 20799 of 2008 4 W.P ( C) No. 20799 of 2008 5