IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 88 of 2009(I) --------------------------------- PETITIONER(S): ----------------------- SARADA K.K. W/O.MOHANAN, AGED 46 YEARS PART TIME SWEEPER, THANNITHODE GRAMA PANCHAYAT, PATHANAMTHITTA. BY ADV.MR.SAJEEV KUMAR K.GOPAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATHS, PATHANAMTHITTA. 3. THANNITHODE GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, THANNITHODE P.O. 4. THE SECRETARY, THANNITHODE GRAMA PANCHAYATH, THANNITHODE P.O. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING W.P.(C) NO.88/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DECISION OF THE THANNITHODE PANCHAYAT VIDE RESOLUTION NO.12 DT. 12.1.07. P2:- COPY OF THE THANNITHODE GRAMA PANCHAYAT REGULARISING THE PETITIONER. P3:- CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER PWD BUILDING SECITON PATHANAMTHITTA. P4:- COPY OF THE COMMUNICATION ISSUED BY THE THANNITHODE GRAMA PANCHAYAT TO THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.88/2009-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2009 J U D G M E N T The petitioner is working as part time sweeper in Thannithode Grama Panchayat. She is a member of Scheduled Caste. She has been working as part time sweeper at daily wage rate of Rs.10/- from 02/06/1997 onwards. It is pointed out by the petitioner that going by the judgment of this Court in Mercy v. State of Kerala [2004 (2) KLT 848] service of part time sweepers engaged prior to 06/10/2003 shall not be terminated. It is also pointed out that a scheme for regularisation of part time sweepers was brought into force by the Government as per G.O.(P).No.501/05/Fin dated 25/11/2005. 2. The Panchayat concerned has passed a resolution recommending that she is entitled for regularisation. Ext.P1 is the said resolution passed by the Panchayat. Ext.P2 is a proceedings by which the Panchayat has allowed her to continue in the said post. The sweeping area is 245.73 sq.mts which is clear from Ext.P3 certificate issued by the Assistant Engineer, P.W.D Building Section, Pathanamthitta. W.P.(C) No.88/2009 -:2:- 3. Now, the steps for regularisation are yet to be finalised. Ext.P4 will show that the Panchayat has forwarded all the details to the Deputy Director of Panchayats as early as on 13/03/2007. 4. The scheme for regularisation as per G.O.(P) No.501/2005/Fin has been extended to the part time sweepers of the Panchayat also. In that view of the matter, it is for the Government to take a decision therein and consider the claims raised by the petitioner. Therefore, there will be a direction to the second respondent to forward all the necessary details received from the Panchayat to the first respondent within one month from the date of receipt of the copy of this judgment. The first respondent will pass final orders within further three months thereafter. The petitioner will be allowed to continue in service pending final decision in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms