IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 9066 of 2009(C) ------------------------------------- PETITIONER: ------------------- VASANTHA. K., D/O.LATE K.KRISHNAN, THUNDUVILAKATHU VEEDU, KARATHODU ROAD, KANJIRAMPARA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.KALEESWARAM RAJ. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, P.W.D BUILDINGS DIVISION, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, PWD MAINTENANCE SUB DIVISION, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9066/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DT. 07/06/06 ISSUED BY THE R.3. EXT.P.2: COPY OF THE CERTIFICATE DT. 30/04/2002 ISSUED BY THE CHIEF ENGINEER – ARB. EXT.P.3: COPY OF THE COVERING LETTER DTD. 12/12/2005 SENT BY R.4. TO R.3. ALONG WITH DOCUMENT AND CERTIFICATES. EXT.P.4: COPY OF THE COVERING LETTER SENT BY THE R.3. TO THE R.2. FORWARDING EXHIBIT P.3. EXT.P.5: COPY OF THE LETTER NO. 12467/B1/06/PWD DTD. 29/12/2008 FROM THE R.1. TO THE R.2. EXT.P.6: COPY OF THE G.O.(P).NO.501/2005/FIN. DTD. 25/11/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 9066 of 2009-C ------------------------------ Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner is presently working as casual sweeper in the office of the fourth respondent. According to the petitioner, she has been working as casual sweeper since the year 1997 and in the office of the fourth respondent with effect from 1.6.2003. Relying on Ext.P1 certificate, it is stated that sweeping area of the fourth respondent's office exceeds 100 sq. meters. The petitioner submits that though in terms of paragraph 8 of G.O(P) No.501/2005/Fin. dated 25.11.2005, a proposal to regularize her in service by creating a post of part time contingent sweeper was forwarded by the fourth respondent to the third respondent and the third respondent has in turn forwarded it to the Chief Engineer, orders have not yet been passed thereon by the Government. Reliance is placed on Exts.P3 and P4 in support of the said contention. The petitioner’s grievance is that even before the Government has taken a decision in the matter, the Government themselves have in Ext.P5 letter directed the second respondent to terminate the service of the petitioner. In this writ petition the petitioner challenges Ext.P5 letter dated 29.12.2008 and prays for a writ in the nature of mandamus commanding the first respondent to regularize her in service. W.P(C) No. 9066 of 2009-C 2 2. The fact that the petitioner is a casual sweeper working in the fourth respondent's office is not in dispute. Exts.P3 and P4 disclose that a proposal to regularize the petitioner in service by creating a post of part time contingent sweeper has been forwarded by respondents 3 and 4 to the second respondent. As per G.O (P) No. 501/2005/Fin. dated 25.11.2005 the authority competent to regularize casual sweepers by creating a post of part time contingent sweeper is the Government. The Government have not yet taken a decision in the matter. It is also seen from Ext.P1 that the sweeping area of the fourth respondent's office exceeds 100 sq. meters. In such circumstances I am of the opinion that the Government should take a final decision in the matter of regularising the petitioner in service expeditiously. Since Ext.P5 letter was sent even before a decision was taken on the matter, I am of the opinion that the direction issued therein cannot be sustained. Therefore Ext.P5 is quashed. 3. The second respondent shall forward the proposal submitted by respondents 3 and 4 to regularize the petitioner in service by creating a post of part time contingent sweeper in the office of the fourth respondent to the Secretary to Government, Public Works Department. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the second W.P(C) No. 9066 of 2009-C 3 respondent. The Government shall take a decision in the matter within four months from the date on which the proposal is received from the second respondent. If the petitioner has not been paid salary at the applicable rate, the same shall be disbursed expeditiously and in any event within three months from today. The Government shall after orders are passed as directed above, communicate a copy thereof to the petitioner. The writ petition is disposed of as above. No costs. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab