IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 5356 of 2005(K) ---------------------------------------- PETITIONER: -------------------- RADHAMANI.K., PART TIME CASUAL SWEEPER, CHEMPANTHOTTY VETERINARY POLY CLINIC, CHEMPANTHOTTY, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, ANIMAL HUSBANDRY, CIVIL STATION, KANNUR. 3. THE SENIOR VETERINARY SURGEON, GOVERNMENT VETERINARY POLY CLINIC, CHEMPANTHOTTY, KANNUR DIST. 4. THE SECRETARY, BLOCK PANCHAYAT, IRIKKUR, P.O.IRIKKUR, KANNUR DISTRICT. *ADDL.R5 IS IMPLEADED: R5. SUJA PANAYARAVILA, W/O.MANI, PANAYARAVILA HOUSE, CHEMPANTHOTTY P.O., NIDIYANGA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 27/07/2005 IN I.A.NO.7550/05) BY SR.GOVERNMENT PLEADER SRI.NANDAKUMAR R1 TO R3 BY ADV. SRI.K.M.MOHAMMED KUNHI - ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5356/2005 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT DTD. 4/05/2004 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE RECEIPT DTD. 4/06/2004 SUBMITTED BY THE PETITIONER. EXT.P3: COPY OF THE RECEIPT DTD. 30/12/2004 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF THE RECEIPT DTD. 5/01/2005 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE ORDER DTD. 17/11/2004 IN W.A.NO.2065 OF 2004. EXT.P6: COPY OF THE NOTICE DTD. 22/02/2005 TOGETHER WITH POSTAL RECEIPTS.(I.A.NO.3330/2005) I.A.NO.7927/2005 EXT.P6: COPY OF THE NOTICE DTD. 18/04/2005 TOGETHER WITH STATEMENT OF ALLEGATIONS. EXT.P7: COPY OF THE REPLY DTD. 22/03/2005. EXT.P8: COPY OF THE MEMO DTD. 17/05/2005. EXT.P9: COPY OF THE MEMO DTD. 24/05/2005. EXT.P10: COPY OF THE VOUCHER DTD. 1/06/2005. EXT.P11: COPY OF THE ORDER DTD. 2/04/1993. EXT.P12: COPY OF THE REPLY DTD. 30/04/2005. EXT.P13: COPY OF THE VOUCHER DTD. 30/04/2005. EXT.P14: COPY OF THE LETTER DTD. 16/05/2005 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBIT: EXT.R5(A): COPY OF THE LETTER WRITTEN BY THE PRESIDENT, BLOCK PANCHAYATH IRIKKUR DTD. 9/05/2005. RESPONDENT'S ANNEXURE: ANNEXURE R2(A): COPY OF THE REPORT SUBMITTED BY THE COMMITTEE. /TRUE COPY/ Kss P.S.TO JUDGE V.GIRI, J. ------------------------- W.P.(C).No.5356 of 2005 K ------------------------- Dated this the 25th day of June, 2008. JUDGMENT According to the petitioner, she has been serving as a Casual Sweeper in the Champanthotty Veterinary Poly Clinic since 1.4.2004. She has approached this court seeking a direction to the respondents from terminating her services and also to give her salary and other service benefits with arrears as provided in G.O.(P)No.3000/98 dated 25.11.1998. She has further sought for a declaration that the decision in Mercy v. State of Kerala {2004(2) KLT 848} applies to the petitioner. 2. A detailed statement and a counter affidavit have been filed by the Government. Subsequent pleadings have also been placed on record. 3. The absorption of casual sweepers in part-time service and regularisation of service and payment of wages on a par with the part-time sweepers is governed by G.O.(P)No.501/05/Fin dated 25.11.2005. In the result, the writ petition is disposed of in the following terms. W.P.(C).NO.5356/05 :: 2 :: (1) The petitioner shall make an application before the 2nd respondent for absorbing her as Part-time Sweeper in the regular service. This may be done within one month from today. (2) The 2nd respondent shall cause an enquiry to be made into the said application and if there is any proposal to reject the petitioner's application, she must be given intimation stating specific reasons on the basis of which her application is to be rejected. (3) If the 2nd respondent accepts the petitioner's application, then it shall be forwarded to the Government within two months from the date of receipt of the application from the petitioner. (4) Thereupon, the Government shall pass orders thereon within a period of two months thereafter. (5) Till the aforementioned process is completed, the petitioner shall be permitted to continue in the same capacity in which she is currently placed. Sd/- (V.GIRI) JUDGE sk/ //true copy//