IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6329 of 2009(I) ------------------------- PETITIONERS: --------------- K.VISHNU, PART TIME CASUAL SWEEPER, EXCISE RANGE OFFICE, KATTAKADA,THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KATTAKADA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.6329 of 2009 -------------------------- Dated this the 26th February,2009 J U D G M E N T Petitioner is a Part-time Casual Sweeper working in the Excise Range Office, Kattakada. Petitioner had been continuing there from 1.6.2004. This is evidenced by Exhibit-P1. Exhibit-P2 shows that the sweeping area is 149.85 sq.mtrs. 2. Petitioner seeks for a direction to the 1st respondent to regularise him in service on the basis of G.O(P) 501//2005/Fin. Dated 25.11.2005. Petitioner is relying upon Exhibit-P4 Judgment of this Court which was passed in a similar case. Subsequent to the said judgment, petitioner therein was granted the benefit of regularisation as per Exhibit-P5 order dated 12.1.2009. 3. It is averred in the writ petition that already applications have been forwarded by the Head of the Department for appropriate action on the part of the Government. 2 4. Going by the relevant scheme, it is up to the Government to consider and pass orders on the request to create a post of Part-time Sweeper in the office and to regularise the person who is working as Part-time Sweeper in the said post and to grant all other benefits. 5. Therefore, there will be a direction to the 1st respondent to consider the application for creation of a post of Part-time Sweeper and the request to regularise the petitioner therein after considering various aspects relevant to the same. Respondents 2 to 4 will forward the application along with the relevant service details to the 1st respondent within a period of three weeks from the date of receipt of a copy of this judgment. First respondent will pass appropriate orders within a further period of two months thereafter. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma 3 4