IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 RP.No. 1186 of 2009(D) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21075/2009 Dated 12/08/2009 .................... REVIEW PETITIONER(S): RESPONDENTS IN WPC ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, WATER RESOURCES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KANHIRAPPUZHA IRRIGATION DIVISION, (KPIP) KANNIYAMPURAM, OTTAPALAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KPIP CANAL SUB DIVISION NO.II, CHERUPULASSERY. 4. THE SUPERINTENDING ENGINEER, SIRUVANI PROJECT CIRCLE, PALAKKAD - 12. BY SR. GOVT. PLEADER SRI. K.S.MOHAMMED HASHIM RESPONDENT(S): PETITIONER IN WPC -------------------------------- M.KARUPPAN, ADIKUNNATH HOUSE, CHERPULASSERY POST, PALAKKAD DIST., CASUAL SWEEPER, OFFICE OF ASSISTANT EXECUTIVE ENGINEER, KPIP CANAL SUB DIVISION NO.II, CHERPULASSERY. BY SRI. R.SREEHARI THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- R.P. No.1186 OF 2009 IN W.P.(C) No. 21075 OF 2009 -------------------------- Dated this the 6th day of January, 2010 O R D E R Heard Sri. K.S.Mohammed Hashim, the learned Government Pleader appearing for the review petitioners and Sri. R.Sreehari, the learned counsel appearing for the respondent. 2. The respondent who is working as a casual sweeper in the office of the third petitioner herein ever since 1.10.2002 moved the Government claiming regularisation in service in terms of G.O.(P) No.501/2005/Fin. dated 25.11.2005. The Government accepted the respondent's request and passed Annexure III order dated 18.4.2009 regularising him in service. When that order was not implemented, he filed W.P.(C) No. 21076 of 2009 in this Court. By judgment delivered on 12.8.2009, this Court disposed of the said writ petition with a direction to the competent authority to issue formal orders regularising the petitioner in service in the light of Ext.P3 Government order. This Court also directed that he will be entitled to payment of arrears of salary at the rate stipulated in G.O.(P) 501/2005/Fin. dated 25.11.2005 till it was revised and at the revised rates thereafter. In this review petition, the review petitioners contend that the respondent herein was appointed as Part-time Casual Sweeper and Annexure III order regularising him in service was passed overlooking the R.P. No.1186 of 2009 2 fact that he retired as a Government servant on 31.5.2001 while he was working as Full-time sweeper in the C&B Section, Irrigation Department at Malampuzha. The review petitioners contend that as a retired employee, the respondent's employment as Part-time sweeper and his regularisation are not in order. It is also contended that as the respondent has crossed the age of 62 years, he cannot also continue in service as a Part-time sweeper. 3. The respondent does not dispute these facts. He admits that he was a Government servant and that he retired from service while he was working as Full-time sweeper on 31.5.2001 on attaining the age of 55 years. He also admits that he has crossed the age of 62 years and therefore the Government could not have regularised him in service. In such circumstances, the respondent cannot claim any right to continue in service on the basis of Annexure III Government order. I accordingly allow this review petition and recall the judgment delivered by me on 12.8.2009 in W.P.(C) No. 21075 of 2009. P.N.RAVINDRAN, JUDGE vps