IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 22647 of 2009(A) -------------------------------------- PETITIONERS: --------------------- 1. CHINNAMMA KURIAN, W/O.KURIAN, PART-TIME CASUAL SWEEPER, KALLAMALA VILLAGE OFFICE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. VALLI, W/O.RAMAN, PART-TIME CASUAL SWEEPER, KARIMPA I VILLAGE OFFICE, MANNARKKAD TALUK. 3. A.JANAKI, D/O.VELU, PART-TIME CASUAL SWEEPER, THACHANATTUKARA II VILLAGE OFFICE, MANNARKKAD TALUK. 4. MURALEEDHARAN, S/O.VELAYUDHAN, PART-TIME CASUAL SWEEPER, POTTASSERY I VILLAGE OFFICE, MANNARKKAD TALUK. 5. BEEVIKUTTY, W/O.MOHAMMED, PART-TIME CASUAL SWEEPER, THACHAMPARA VILLAGE OFFICE, MANNARKKAD TALUK. 6. N.SREEDEVI, D/O.SAROJINI AMMA, PART-TIME CASUAL SWEER, ALANALLUR II VILLAGE OFFICE, MANNARKKAD TALUK. 7. MADHAVI, W/O.KRISHNAN, PART-TIME CASUAL SWEEPER, PAYYANEDAM VILLAGE OFFICE, MANNARKKAD TALUK. 8. ITHIMA, W/O.BEERAN, PART-TIME CASUAL SWEEPER, THACHANATTUKARA I VILLAGE OFFICE, MANNARKKAD TALUK. 9. P.K.RADHA, W/O.CHAMY, PART-TIME CASUAL SWEEPER, POTTASSERY II VILLAGE OFFICE, MANNARKKAD TALUK. W.P.(C). NO.22647/2009-A: 10. LAKSHMIKUTTY, W/O.AYYAPPAN, PART-TIME CASUAL SWEEPER, KARAKKURISSY VILLAGE OFFICE, MANNARKKAD TALUK. 11. NEELI, W/O.CHAMY, PART-TIME CASUAL SWEEPER, KOTTOPPADAM III VILLAGE OFFICE, MANNARKKAD TALUK. 12. DHANALEKSHMI, W/O.MANIKKARAJ, PART-TIME CASUAL SWEEPER, AGALI VILLAGE OFFICE, MANNARKKAD TALUK. 13. NALLAMMA, PART-TIME CASUAL SWEEPER, PADAVAYAL VILLAGE OFFICE, MANNARKKAD TALUK. 14. MANU, S/O.CHAMY, PART-TIME CASUAL SWEEPER, MANNARKKAD I VILLAGE OFFICE, MANNARKKAD TALUK. 15. VESU, W/O.PONNU, PART-TIME CASUAL SWEEPER, KATTOPPDAM I VILLAGE OFFICE, MANNARKKAD TALUK. BY ADVS. MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVT. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR, MANNRKKAD TALUK OFFICE, MANNARKKAD, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22647/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE EXPERIENCE CERTIFICATE DTD. 18/07/2009 RELATING TO THE P.1. EXT.P.1.A: COPY OF THE EXPERIENCE CERTIFICATE DTD. 09/07/2009 RELATING TO THE P.2. EXT.P.1.B: COPY OF THE EXPERIENCE CERTIFICATE DTD. 09/07/2009 RELATING TO THE P.3. EXT.P.1.C: COPY OF THE EXPERIENCE CERTIFICATE DTD. 08/07/2009 RELATING TO THE P.4. EXT.P.1.D: COPY OF THE EXPERIENCE CERTIFICATE DTD. 09/07/2009 RELATING TO THE P.5. EXT.P.1.E: COPY OF THE EXPERIENCE CERTIFICATE DTD. 10/07/2009 RELATING TO THE P.6. EXT.P.1.F: COPY OF THE EXPERIENCE CERTIFICATE DTD. 13/07/2009 RELATING TO THE P.7. EXT.P.1.G: COPY OF THE EXPERIENCE CERTIFICATE DTD. 13/07/2009 RELATING TO THE P.8. EXT.P.1.H: COPY OF THE EXPERIENCE CERTIFICATE DTD. 17/07/2009 RELATING TO THE P.9. EXT.P.1.I: COPY OF THE EXPERIENCE CERTIFICATE DTD. 13/07/2009 RELATING TO THE P.11. EXT.P.1.J: COPY OF THE EXPERIENCE CERTIFICATE DTD. 16/07/2009 RELATING TO THE P.12. EXT.P.1.K: COPY OF THE EXPERIENCE CERTIFICATE DTD. 13/07/2009 RELATING TO THE P.13. EXT.P.1.L: COPY OF THE EXPERIENCE CERTIFICATE DTD. 18/07/2009 RELATING TO THE P.14. EXT.P.1.M: COPY OF THE EXPERIENCE CERTIFICATE DTD. 07/2009 RELATING TO THE P.15. EXT.P.2: COPY OF THE JUDGMENT DTD. 06/06/2003 IN O.P. NO. 12915/2003. EXT.P.3: COPY OF THE JUDGMENT DTD. 03/12/2003 IN O.P. NO. 17453/2003. W.P.(C). NO.22647/2009-A: EXT.P.4: COPY OF THE ORDER NO. A2-3584/2001 DTD. 21/07/2004 ISSUED BY R.3. EXT.P.5: COPY OF THE LETTER NO. A3-12758/08 DTD. 15/11/2008 OF THE R.3. EXT.P.6: COPY OF THE G.O.(P).NO.501/2005/FIN. DTD. 25/11/2005. EXT.P.7: COPY OF THE ORDER NO. A2-3584/01 DTD. 20/11/2006 OF THE R.3. EXT.P.8: COPY OF THE REPRESENTATION DTD. 31/07/2007 OF KERALA LAND REVENUE STAFF ASSN. TO THE R.3. EXT.P.9: COPY OF THE LETTER NO. A5-3584/01 DTD. 04/08/07 OF THE R.3. EXT.P.10: COPY OF THE ORDER NO. A2-6711/2006 DT. 22/02/2007 OF THE R.3. EXT.P.11: COPY OF THE ORDER NO. A2-3856/07 DT. 04/06/2008 OF TAHSILDAR, PERINTHALMANNA. EXT.P.12: COPY OF THE JUDGMENT DTD. 30/03/2009 IN W.P.(C).NO.35322/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO. 22647 OF 2009 ............................................ DATED THIS THE 8TH DAY OF JANUARY, 2010 JUDGMENT The petitioners are Part Time Contingent Sweepers in various Village Offices in Mannarkad Taluk in Palakkad District. Their complaint is that though they were paid remuneration @ Rs.1250/- plus DA per month, with effect from 1.3.1997, pursuant to Exts.P2 and P3 judgments, their remuneration was subsequently revised to Rs.600/- per month from April 2006 onwards, on refixation of the sweeping area on the basis of revised guidelines issued in the G.O dated 25.11.2005. It is conceded by all parties that the issue has been decided by this court in a number of decisions, including the judgment dated 30.3.2009 in WP(C) 35322 of 2008. Accordingly, it has been declared that the petitioners therein who are also part time contingent sweepers were entitled for payment of remuneration @ Rs.1250/- plus D.A per month as revised by Pay Revision order, G.O.(P)No.145/2006/Fin. dated 25.3.2006 @ Rs.2100/- plus DA per month. It has also been ordered in Ext.P12 judgment that arrears as on the date of judgment shall be Wpc 22647/09 2 disbursed within two months from the date of receipt of a copy of the judgment. Thus, the petitioners therein have been found entitled to receive remuneration at the said rate continuously. It is submitted by the counsel for the petitioner that W.A.1835 of 2009 filed by the State against a similar direction has also been dismissed. Therefore, the petitioners in this writ petition are also entitled to the said relief. 2. In view of the above, this writ petition is allowed. Ext.P7 order is quashed. It is declared that the petitioners are entitled for payment of remuneration @ Rs.1250/- plus D.A per month as revised by G.O.(P)No.145/2006/Fin. Dated 25.3.2006 . The arrears as on today will be disbursed within two months. Writ petition is allowed as above. No costs. K.SURENDRA MOHAN, JUDGE lgk