IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 15120 of 2007(Y) -------------------------- PETITIONER(S): --------------- PAULACHAN.T.V., AGED 33 YEARS, S/O.VAVACHAN, THAITHARA HOUSE, KANJOOR, VIA KALADY. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE JOINT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. KANJOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANJOOR P.O., VIA KALADY, ERNAKULAM DIST. 4. THE DEPUTY DIRECTOR OF PANCHAYAT, ERNAKULAM. ADV. SRI.S.SHANAVAS KHAN FOR R.3 MS.ANU SIVARAMAN, GOVERNMENT PLEADER FOR R 1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15120/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PROCEEDINGS OF R3. P2 : COPY OF JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.17776/2004 AND CONNECTED CASES. P3 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.28060/2003. P4 : COPY OF G.O.(P) NO.501/2005 ISSUED BY R1. P5 : COPY OF JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.32098/2004. P6 : COPY OF LETTER SUBMITTED BY R3 TO R2. P7 : COPY OF ORDER NO.888/2007 PASSED BY R1. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15120 of 2007 --------------------------------- Dated, this the 22nd day of October, 2009 J U D G M E N T The petitioner is working as a Part Time Sweeper in the Kanjoor Grama Panchayat, the 3rd respondent herein. He claimed regularisation of his service, that was directed to be considered by the 1st respondent as per the judgment of this Court in WP(C) No.32098/04. Accordingly, the matter was considered and by Ext.P7 order dated 22/03/2007, the claim of the petitioner was declined on the ground that the petitioner is a daily waged employee. It is challenging Ext.P7, this writ petition is filed. 2. It is now pointed out that by judgment dated 10/08/2009 in WP(C) No.36949/2007 this Court had upheld an identical claim raised by a Part Time Sweeper of the Vazhakkulam Grama Panchayat, and that on that basis, regularisation was ordered. Facts being identical, I see no reason to take a view different from the one taken by this Court in the judgment referred to above. WP(C) No.15120/2007 -2- 3. Therefore, this writ petition is disposed of quashing Ext.P7 order and directing the respondents to regularise the petitioner as Part Time Sweeper in the 3rd respondent Panchayat from 05/01/2002 onwards with all attendant benefits. Orders as above shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. Needless to say that consequential monetary benefits due will also be released to the petitioner. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg