IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 17089 of 2007(H) ---------------------------------------- PETITIONER: ---------------------- K.M.THRESSIAMMA, PART TIME CASUAL SWEEPER, ICDS PROJECT, KANJIRAPPALLY, KANJIRAPPALLY P.O., KOTTAYAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DISTRICT SOCIAL WELFARE OFFICER, KOTTAYAM. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17089/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DTD. 26/04/2007 ISSUED BY THE CHILD DEVELOPMENT PROJECT OFFICER, KANJIRAPPALLY. EXT.P2: COPY OF THE CERTIFICATE DTD. 8/12/2004 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDING SUB DIVISION, KANJIRAPPALLY. EXT.P3: COPY OF G.O.(P) 501/2005 DTD. 25/11/2005. EXT.P4: COPY OF THE JUDGMENT DTD. 9/06/2006 IN WP(C) NO. 37279 OF 2004. EXT.P5: COPY OF THE JUDGMENT DTD. 18/06/2004 IN WP(C) NO. 16427 OF 2004. EXT.P6: COPY OF G.O.(RT) 77/2007/SWD DTD. 2/02/2007. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.17089 of 2007 H ------------------------- Dated this the 10th day of March, 2008. JUDGMENT The petitioner is a casual sweeper working in the ICDS Project in Kanjirappally, stated to be working since 5.2.1995. According to the petitioner, the sweeping area serviced by her is in excess of 100 square meters. So she is entitled to the benefit of Ext.P3 Government Order, G.O.(P) No.501/05/Fin dated 25.11.2005. The petitioner's claim is currently pending consideration before the Government. 2. A counter affidavit has been filed on behalf of the 1st respondent. Paragraph 3 of the counter affidavit is relevant and is extracted below: “It is submitted that as per G.O.(P) NO.501/05/Fin dated 25.11.2005 Government have issued guidelines for the regularization of existing casual sweepers in the offices where the sweeping area exceeds 100 sq.m. The sweeping area of the office where the petitioner is working is 115.10 sq.m. The Assistant Executive Engineer, P.W.D. Building Sub Division, Kanjirappally has certified the sweeping are as 115.10 sq.m. The Director of Social Welfare has submitted proposal for creating post of Part Time Sweeper and for regularization of existing sweepers in the Social Welfare Department. The proposal for W.P.(C).NO.17089/07 :: 2 :: regularization of the petitioner is also incorporated along with the proposals submitted to government by the Director of Social Welfare. The proposal is under active consideration of Government. On examination of the file the Director of Social Welfare was requested to furnish the details of wages, being paid to the Casual Sweepers at present. On receipt of the details the file will be processed for the speedy settlement of the proposal.” In the circumstances, the Government is to take a decision within a time frame. In the result, the writ petition is disposed of directing the 1st respondent to take a decision in the matter of regularization of the petitioner's services, as indicated in the counter affidavit, within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner. The claim made by the petitioner for arrears will be decided in the light of the judgment in W.A.No.1863/04 and connected cases. Sd/- (V.GIRI) JUDGE sk/ //true copy// W.P.(C).NO.17089/07 :: 3 ::