IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 21075 of 2009(D) -------------------------- PETITIONER: --------------- M.KARAPPAN, ADIKUNNATH HOUSE, CHERPULASSERY POST, PALAKKAD DIST, CASUAL SWEEPER, O/O ASSISTANT EXECUTIVE ENGINEER, KPIP CANAL SUB DIVISION NO.II, CHERPULASSERY. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, WATER RESOURCES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE EXECUTIVE ENGINEER, KANHIRAPPUZHA IRRIGATION DIVISION, (KPIP) KANNIYAMPURAM, OTTAPPALAM. 3. THE ASST. EXECUTIVE ENGINEER, KPIP CANAL SUB DIVISION NO.II, CHERPULASSERY. 4. THE SUPERINTENDING ENGINEER, SIRUVANI PROJECT CIRCLE, PALAKKAD - 12. BY SR. GOVT. PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21075 OF 2009 -------------------------- Dated this the 12th day of August, 2009 J U D G M E N T Heard Sri.R.Sreehari, the learned counsel appearing for the petitioner and Sri. P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is a Casual Sweeper working in the office of the third respondent since 1.10.2002. He moved the Government seeking regularisation in terms of G.O (P) No.501/05/Fin. dated 25.11.2005. The Government in consultation with respondents 2 to 4 issued Ext.P3 order dated 18.4.2009 regularising the petitioner in service as Part-time Contingent Sweeper in the office of the third respondent with effect from 1.10.2002. The grievance voiced by the petitioner in this writ petition is that though nearly four months have passed after Ext.P3 order was issued, respondents 2 to 4 have not issued consequential orders or given him arrears of emoluments. 3. Ext.P3 discloses that the petitioner’s request for regularisation in service in the office of the third respondent by creating a post of Part-time Contingent Sweeper has been granted and the petitioner regularised in service with effect from 1.10.2002 on the terms of Ext.P3 G.O (P) No.501/05/Fin. dated 25.11.2005. The petitioner is therefore entitled to W.P.(C) No. 21075/09 2 payment of salary and allowances at the applicable rate with effect from that date. As per the aforesaid Government order, regularisation can be made only with effect from a date later than 18.6.2001. In the instant case as the petitioner has been regularised with effect from 1.10.2002, the regularisation is in order. Necessarily therefore, respondents 2 to 4 will have to issue consequential orders regularising the petitioner in service and also disburse to him the emoluments at the applicable rates. I accordingly dispose of this writ petition with a direction to the competent authority among respondents 2 to 4 to issue formal orders regularising the petitioner in service as Part-time Contingent Sweeper with effect from 1.10.2002. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the fourth respondent. Payment of arrears at the rate stipulated in the G.O (P) No.501/05/Fin. dated 25.11.2005 till it was revised and at the revised rate thereafter shall be disbursed to the petitioner within three months from the date on which formal orders are issued as directed above. The writ petition is disposed of accordingly. No costs. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 21075/09 3