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. 19330 of 2009(I) -------------------------- PETITIONER(S): --------------- D.SUKUMARAN, PART TIME CAUSAL SWEEPER, EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 5. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DISTRICT. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19330/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER DATED 17/06/1993. P2 : COPY OF G.O.(P) NO.361/2005 DATED 02/08/2005. P3 : COPY OF LETTER DATED 21/09/2005. P4 : COPY OF REPRESENTATION DATED 20/09/2005 SUBMITTED BY THE PETITIOENR BEFORE THE ASST.EXCISE COMMISSIONER, THIRUVANANTHAPURAM. P5 : COPY OF ORDER DATED 09/03/2006. P6 : COPY OF APPLICATION FOR CREATION OF POST OF PART TIME CONTINGENT SWEEPER WITH COVERING LETTER DATED 04/04/2006 TOGETHER WITH DETAILS INCLUDING SWEEPING AREA AND LETTER DATED 01/06/2004. P7 : COPY OF APPLICATION DATED 09/02/2007 ALONG WITH COVERING LETTER DATED 09/02/2007. P8 : COPY OF APPLICATION DATED 02/07/2008 ALONG WITH LETTER DATED 02/07/2008. P9 : COPY OF LETTER DATED 29/05/2009. P10 : COPY OF CIRCULAR DATED 25/10/2008. P11 : COPY OF G.O.(Rt.) NO.839/2009 DATED 24/09/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19330 of 2009 --------------------------------- 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 Excise Range Office, Thirupuram in Thiruvananthapuram District. He filed this writ petition praying for regularisation of his service. During the pendency of this writ petition, Ext.P11 order dated 24/09/2009 has been issued by the 1st respondent, the relevant portion of which reads as under:- “In the circumstances, Government are pleased to create a post of Part Time Sweeper at the Scale of Pay of Rs.2300+D.A. (Revised) at Excise Range Office, Thirupuram in Thiruvananthapuram Division and regularise the service of Sri.D.Sukumaran in the post with effect from 18/06/2001 subject to the condition that while calculating arrears payable, different rates of remuneration existing from time to time shall be taken into consideration.” 2. Having regard to the above, the substantial relief of regularisation that is sought for has been granted, and what now remains is that the benefit due under Ext.P11 should be quantified and released to the petitioner. This the respondents shall do as WP(C) No.19330/2009 -2- expeditiously as possible, at any rate, within two months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg