IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 26208 of 2007(T) ---------------------------------------- PETITIONER(S): ------------------------- SUSHEELA, PART TIME CASUAL SWEEPER, KUMARAPURAM GRAMA PANCHAYATH, KUMARAPURAM, ALAPPUZHA DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATH, ALAPPUZHA. 4. KUMARAPURAM GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, KUMARAPURAM GRAMA PANCHAYATH, KUMARAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R4 BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26208/2007 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 30/03/2007 IN WPC.NO.20045/2004. EXT.P2; COPY OF THE LETTER DTD. 4/06/2007 ISSUED BY THE PANCHAYATH. EXT.P3: COPY OF G.O.(P) 501/2005 DTD. 25/11/2005. EXT.P4: COPY OF THE LETTER DTD. 11/04/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE CERTIFICATE DTD. 18/09/2006. EXT.P6: COPY OF THE CERTIFICATE DTD. 31/07/2008 ISSUED BY THE PANCHAYATH SECRETARY. EXT.P7: COPY OF ORDER DTD. 2/01/2009 IN I.A.NO.13853/2008 IN WPC.NO.32642/2007 (J). EXT.P8: COPY OF ORDER DTD. 19/06/2008 IN WPC.NO.32593/2007 (E). RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE RESOLUTION OF THE PANCHAYATH DTD. NIL. EXT.R4(B); COPY OF THE LETTER OF THE DIRECTOR DTD. 04/08/2004. EXT.R4(C): COPY OF THE RESOLUTION OF THE PANCHAYATH DTD.23/08/2006. EXT.R4(D): COPY OF THE ORDER OF THE DIRECTOR DTD. 30/06/2007. EXT.R4(E): COPY OF THE LETTER NO.28966/H2/06/LSGD OF THE GOVERNMENT DTD. 11/04/2007. EXT.R4(F): COPY OF THE REQUEST SOF THE PETITIONER DTD.11/08/2006. EXT.R4(G): COPY OF THE LETTER SOF THE PANCHAYAT DTD. 26/04/2008. EXT.R4(H): COPY OF THE RESOLUTION OF THE PANCHAYATH DTD.11/04/2008. EXT.R4(I): COPY OF THE APPLICATION FOR CREATION OF POST DTD. 25/04/2008. EXT.R4(J): COPY OF THE WRIT PETITION EXCLUDING EXHIBITS, AFFIDAVIT AND DOCKET. /TRUE COPY/ P.S.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ----------------------------------------- W.P.(C) No.26208 of 2007 ----------------------------------------- Dated: APRIL 7, 2009 JUDGMENT The petitioner is working as a part time casual sweeper in the Kumarapuram Grama Panchayat. She had been working there from September 1998 onwards. The petitioner approached this Court earlier by filing WP(C) 30045/2004 along with three others and ultimately the said writ petition was disposed of by Ext.P1 judgment. Therein the respondents were directed to take appropriate action in accordance with law in the matter of granting benefit of G.O.(P) No.501/05/Fin. dated 25.11.2005. 2. The issue regarding regularisation of part time sweepers was considered by this court in various writ petitions and final directions have been issued in W.A.No.1863/2004. In accordance with the directions therein, the Government passed Ext.P3 order dated 25.11.2005 wherein detailed procedures have been laid down for creation of posts of part time sweepers and regularization of the incumbent after creating the posts in question. The said Government Order also deals with payment of wages even in a case where the sweeping area W.P.(C) No.26208 of 2007 : 2 : is below 100 sq.metres. 3. The petitioner submits that in spite of the adoption of the scheme by Ext.P4, it was informed that the application for regularization cannot be considered since they are working on daily wages. Ext.P5 is the sweeping area certificate of the building which shows that the area is above 100 sq. metres. 4. The petitioner has got a further contention that they were not paid due salary from September 2004 onwards. In the counter affidavit filed on behalf of the 1st respondent it is stated that the petitioner was engaged as part time sweeper on daily wages and since there is no provision to regularise daily wage workers under the relevant Government Order (Ext.P3), the application was rejected. 5. In the affidavit filed by the 4th respondent Panchayath, they have produced Ext.R4(g) resolution requesting to consider the case of regularization of the petitioner favourably. Ext.R4(h) is the application for the said purpose and Ext.R4(i) is the forwarding letter. 6. The question whether daily waged part time W.P.(C) No.26208 of 2007 : 3 : sweepers are entitled for the benefit of regularization has been settled by this Court in various judgments viz. WP(C) 19186/2005 and connected cases. The question was elaborately considered and ultimately it was found that the benefit may be granted to them. Therefore the stand taken by the Government in Ext.P4 cannot be justified. Since the Government Order has been issued not in accordance with the various directions issued by this Court earlier on flimsy grounds, the benefits cannot be denied to persons like the petitioner. Therefore it is declared that the petitioner is entitled for the benefit of the Government Order dated 25.11.2005 (Ext.P3). 7. What remains is the creation of a post of a part time sweeper and considering the claim for regularization. Since the Panchayath has already forwarded the application to the Government along with the sweeping area certificate, there will be a direction to the 1st respondent to consider the claim for regularization in accordance with the terms of Ext.P3 and in the light of the findings rendered above, within a period of four months of receipt of a copy of this W.P.(C) No.26208 of 2007 : 4 : judgment. 8. The petitioner has got a claim regarding the salary payable from September 2004 onwards. There is dispute between the Panchayath and the petitioner regarding the number of days she had worked during the said period. The 3rd respondent will conduct an enquiry in the matter after notice to the petitioner and find out the number of days worked by the petitioner. The 3rd respondent will pass appropriate orders regarding balance amount payable within one month from the date of receipt of a copy of this judgment. The Panchayath will disburse the amount thus found due within a period of two months. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR JUDGE mt/-