IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 17613 of 2005(V) ----------------------------------------- PETITIONER(S): ------------------------ K.E.MAHILADEVI, W/O.VISWANATHAN PILLAI, PART TIME SWEEPER, OFFICE OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ENADIMANGALAM, ELAMANNOOR (PO), PATHANAMTHITTA DISTRICT. BY ADVS. MR.M.V.THAMBAN, RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM. 3. PRINCIPAL AGRICULTURAL OFFICER, PATHANAMTHITTA. 4. AGRICULTURAL OFFICER, KRISHI BHAVAN, ENADIMANGALAM, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER MR. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17613/2005 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COYP OF THE JUDGMENT DTD. 3/04/2003 IN OP.NO.7820/2003. EXT.P2: COPY OF THE JUDGMENT DTD. 19/12/2003 IN CONT.CASE(C) NO.1298/2003. EXT.P3: COPY OF THE CERTIFICATE DTD. 16/11/2004 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER. EXT.P4: COPY OF THE LETTER NO.(E)2/03 DTD. 20/04/2005. EXT.P5: COYP OF THE ORDER DTD. 7/12/2004 IN WP(C) NO.35383/2004. EXT.P6: COPY OF THE G.O.MS.NO.88/07/AD DTD. 12/06/07. EXT.P7: COPY OF THE G.O.(P) NO.501/2005/FIN. DTD. 25/11/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.17613 of 2005 -------------------------- Dated this the 10th February,2009 J U D G M E N T The Petitioner, who is a Part-time Sweeper, working in the office of the 4th respondent, is aggrieved by Exhibit-P4 by which consequent on the reduction of the sweeping area fount out on re-measurement, recovery has been ordered to the tune of Rs.27870/-. She was being engaged from 1.10.1990 onwards on a fixed remuneration of Rs.50/- initially, which was being revised from time to time. Originally the sweeping area was 413.93 sq.mts. From 1.3.1997 onwards she was entitled to receive Rs.1500/- plus D.A per month. This Court by Exhibit-P1 judgment, wherein, she was a party declared that she is entitled to receive salary in the scale of pay applicable to Part-time Sweepers appointed on a regular basis. Since the direction in the above judgment were not implemented, she filed C.C.C No. 1298 of 2003 and during the pendency of the same, she was paid the W.P ( C) No.17613 of 2005 2 arrears of salary in the scale of pay of Rs.1500/- plus D.A for the period from 1998 onwards. The sweeping area was remeasured which resulted in Exhibit-P4 order. The area as per the said order is 263.95 sq. mtrs. 2. Learned counsel for the petitioner submitted that subsequent to the filing of the writ petition, as per Exhibit-P6 dated 12.6.2007 produced along with I.A No. 2025 of 2009, the Government has accorded sanction for the creation of the post of Part-time Sweeper so as to regularise the petitioner and several others at Rs.1250/- plus D.A per month with effect from 18.6.2001. 3. Going by para 11 of Exhibit-P7 G.O (P) No.501/2005/Fin. Dated 25.11.2005 even if there is any reduction in the sweeping area from 400 mtrs to belowe 400 mts, the Part-time Sweeper will be entitled to get higher remuneration of Rs.1500/- plus D.A. 4. In that view of the matter, the right of the petitioner to receive the wages admitted to the post in question on the said scale protected. It is declared so. 5. It is submitted that the petitioner was being paid W.P ( C) No.17613 of 2005 3 pre-revised wages at the rate of Rs.1500/- per month which has now been revised to Rs.2700/- plus D.A. But because of the pendency of the writ petition now the service book etc has not been opened. 6. In the light of the fact that petitioner is entitled for the benefit of Paragraph 11 of Exhibit-P7 and in the light of regularisation ordered as per Exhibit-P6, Exhibit-P4 cannot be sustained and the same is quashed. In Exhibit -P6 order regularising the service of the petitioner the amount is shown as Rs.1250/-plus D.A. which must be corrected as Rs.1500/- plus D.A. Appropriate orders will be passed in that regard also. The petitioner will be entitled to be paid the wages in the scale applicable to the post in question including the revisions of pay from time to time. The writ petition is allowed as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.17613 of 2005 4 W.P ( C) No.17613 of 2005 5