IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 1744 of 2010(P) ------------------------- PETITIONER(S): --------------- 1. P.SUBHASHINI (DIED) PART TIME CASUAL SWEEPER, KRISHI BHAVAN, PANGODE, PANGODE PO, THIRUVANANTHAPURAM. *2. SHAILAJA S.D., D/O.SUBHASHINI, AGED 39 YEARS, ALAKUNNIL PUTHANVEEDU, PUDUSSERRY, MATHIRA.P.O., KADAKKAL VIA., KOLLAM DISTRICT. *3. SYAMALA S., W/O. AYYAPPAN, A.S.VILLAGE, THOOTTICKAL, MATHIRA.P.O. *(IMPLEADED SUPPLEMENTARY PETITIONERS 2 & 3 AS PER ORDER DATED 13/08/2010 ON I.A.NO.11114/2010) BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULTURE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER THIRUVANANTHAPURAM. 4. THE AGRICULTURAL OFFICER KRISHI BHAVAN, PANGODE, PANGODE PO, THIRUVANANTHAPURAM DIST. MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1744/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CERTIFICATE DATED 15/12/2009. P2 : COPY OF CERTIFICATE DATED 24/07/1997. P3 : COPY OF CERTIFICTE DATED 16/04/2004. P4 : COPY OF SWEEPING AREA CERTIFICTE. P5 : COPY OF GO(P) NO.501/2005/FIN. DATED 25/11/2005. P6 : COPIES OF SALARY BILLS PERTAINING TO JUNE 2008, FEBRUARY 2009, AUGUST, 2009 ETC. P7 : COPY OF APPLICATION DATED 02/02/2007. P8 : COPY OF LETTER DATED 02/01/2008. P9 : COPIES OF INTERIM ORDERS DATED 31/07/2009, 27/08/2009, 14/09/2009, 12/11/2009 IN WP(C) NO.4037/2009. P10 : COPY OF ORDER DATED 11/01/2010 IN WP(C) NO.799/2010. P11 : COPY OF REPRESENTATION DATED 30/04/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1744 of 2010 (P) --------------------------------- Dated, this the 13th day of August, 2010 J U D G M E N T The deceased 1st petitioner was working as a Part Time Sweeper in the Office of the 4th respondent till she expired on 26/01/2010. It would appear that during her life time, on the issuance of Ext.P5, GO(P) No.501/2005/Fin. dated 25/11/2005, the area swept by the deceased 1st petitioner was got measured as 104.44 sq.m., and Ext.P7 proposal was made for the creation of a post of Part Time Contingent Sweeper and for regularisation of her services. It would appear that subsequently, based on circular dated 05/07/2007 and letter dated 17/07/2007, deleting the area of the store room from the sweeping area to be measured in terms of the Appendix to the Government Order referred to above, the sweeping area in question was got re-measured and was assessed as 95.53 sq.m. It was while the issue was thus pending that the 1st petitioner breath her last on 26/01/2010. 2. Supplementary petitioners are the daughters of the deceased 1st petitioner and it is stated that the 2nd supplementary petitioner is engaged by the 4th respondent in place of her mother. WP(C) No.1744/2010 -2- The 3rd supplementary petitioner fully supports the claim raised by the 2nd supplementary petitioner in this writ petition. According to the 2nd supplementary petitioner, in the light of the judgments of this Court, the area swept by her mother should be measured only in terms of the Appendix to the Government Order referred to above and if so, it was 104.44 sq.m. It is contended that if so measured, she would have been eligible for regularisation in terms of the Government Order referred to above, and that on account of the delay on the part of the respondents in passing orders of regularisation and that in the meanwhile, her mother died, could not have been caused any prejudice either to the deceased or to the 2nd supplementary petitioner for claiming employment on compassionate grounds. 3. It is stated that urging this claim, the 2nd supplementary petitioner has filed Ext.P11 representation before the 1st respondent and the 1st respondent should be directed to consider the said representation. Facts being as above, I feel, the 1st respondent should consider the claim raised by the 2nd supplementary petitioner in Ext.P11 representation. 4. Therefore, I direct the 1st respondent to pass orders on Ext.P11 representation as expeditiously as possible, at any rate, WP(C) No.1744/2010 -3- within three months of receipt of a copy of this judgment. 5. Another grievance of the petitioners is that though the deceased 1st petitioner was being paid wages at revised rates along with D.A., such payments were discontinued after September, 2009. It is contended that in terms of Paragraph 11 of the GO(P) No.501/2005/Fin. dated 25/11/2005, the deceased was entitled to protection of pay that she was drawing, and it is stated that, for that reason, the arrears should be ordered to be paid by the 4th respondent. Even if it is true that there is change in the area swept by the deceased 1st petitioner, she was entitled to protection of pay as envisaged in paragraph 11 of the Government Order referred to above. If as stated by the petitioners, payment was not made for the period subsequent to September, 2009, it is directed that the 1st respondent shall pay the amount due to the deceased 1st petitioner at the rates as applicable, to the legal heirs of the deceased 1st petitioner on the production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg