IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 18337 of 2009(J) -------------------------------------- PETITIONER(S): ---------------------- B. KRISHNAN, AGED 53, S/O.BABAN, CC.8/1429, ELANJIKAPARAMBU, T.D. EAST ROAD, COCHIN-2 (PART TIME SWEEPER, VILLAGE OFFICE, MATTANCHERY). BY ADV. MR.K.S.MADHUSOODANAN MR.T.V.JAYAKUMAR NAMBOODIRI MR.THUSHAR NIRMAL SARATHY MR.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): ------------------------ 1. STATE OF KERALA TO BE REP. BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. VILLAGE OFFICER, MATTANCHERY. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18337/2009-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE VOUCHER DATED 22/01/2000 FOR RECEIPT OF THE WAGES FOR THE MONTH OF SEPTEMBER- OCTOBER-1999. EXT.P2: COPY OF THE RECEIPT FOR THE MONTH OF JUNE AND AUGUST-2008 DATED 27/07/2008 AND 27/06/2008. EXT.P3: COPY OF THE CERTIFICATE OF THE SWEEPING AREA ISSUED BY THE ASST. EXE. ENGINEER DATED 04/03/2008. EXT.P4: COPY OF THE ANNEXURE DATED 20/01/2009. EXT.P5: COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 27/03/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18337 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of July, 2009 JUDGMENT Heard Sri.K.S.Madhusoodanan, the learned counsel appearing for the petitioner and Smt.Anusivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner who is presently working as a Casual Sweeper in the office of the third respondent has filed this writ petition seeking a writ in the nature of mandamus commanding the respondents to regularize him in service by creating a post of Part-time Contingent Sweeper in terms of G.O.(P) No.501/2005/Fin. dated 25-11-2005. According to the petitioner, he has been working as Casual Sweeper for the past 15 years. He submits that the third respondent has forwarded to the Government a proposal to regularize him in service along with original of Ext.P4 application for creating a post of Part-time Contingent Sweeper and that the said application is pending before the Government. He also submits that the sweeping area of the third respondent's office exceeds 100 Sq. mts. and therefore he is entitled to be regularized in service. 3. The pleadings disclose that the Village Officer, Mattanchery has forwarded a proposal to the Government, the competent authority, to W.P.(C) No. 18337/09 2 regularize the petitioner in service along with Ext.P4 application to create a post of Part-time Contingent Sweeper. In my opinion, since the Government are yet to take a decision in the matter, it would be premature for this Court to adjudicate on the petitioner's contentions at this stage. However, as the petitioner has been working for the past several years as Casual Sweeper in the third respondent's office, it is only desirable that the Government takes an expeditious decision in the matter. I accordingly dispose of this writ petition with a direction to the State Government to consider the request made by the petitioner for regularization in service, in the light of the proposal submitted by the third respondent and pass orders thereon expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Revenue Department. Needless to say, the petitioner shall also be afforded a reasonable opportunity of being heard, before orders are passed as directed above. The Government shall, after orders are passed as directed above, communicate a copy thereof to the petitioner. Till such time, status quo as on today shall be maintained. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE. mn.