IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 5696 of 2009(F) ------------------------------------ PETITIONER(S): ---------------------- SHEELA P.V., W/O. RADHAKRISHNAN, AGED 44 YEARS, PART TIME SWEEPER, EZHIKKARA GRAMA PANCHAYAT, NORTH PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYAT, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYAT, ERNAKULAM. 4. EZHIKKARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OFFICE OF THE EZHIKKARA GRAMA PANCHAYATH, EZHIKKARA P.O, NORTH PARAVOOR,, ERNAKULAM DISTRICT -683 513. R1 TO R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH R4 BY ADV. MR.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 5696/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 16/02/2009 OF THE 4TH RESPONDENT. EXT.P2: COPY OF THE REQUISITION FROM 4TH RESPONDENT TO EMPLOYMENT OFFICER. EXT.P3: COPY OF THE GO(P) NO.501/2005/FIN. DATED 25/11/2005. EXT.P4: COPY OF THE GOVERNMENT LETTER DATED 08/05/2006. EXT.P5: COPY OF THE REPRESENTATION DATED 18/02/2009 OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5696/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of March, 2009 J U D G M E N T The petitioner is a part time sweeper working in the fourth respondent Grama Panchayat from May 1998 onwards. She is seeking regularisation of service in accordance with the scheme framed by the Government as per Ext.P3. The petitioner contends that the sweeping area will be more than 300.81 sq.mts. Apprehending termination from service, she has approached this Court seeking for various reliefs including regularisation and consequential benefits. 2. Heard the learned Standing counsel for the fourth respondent Panchayat. It is submitted that necessary steps for regularisation are still to be initiated by the Panchayat. 3. Going by the provisions of Ext.P3 Government Order, for the regularisation of the existing casual casual sweepers (where the sweeping area exceeds 100 sq mts.), creation of posts of Part Time Sweepers have to be made after due measurement of the sweeping area by the concerned Engineer of the PWD Department. Thereafter, the proforma along with the applications etc and the Sweeping Area Certificate will have to be forwarded to the Government through the Deputy Director of Panchayats. W.P.(C) No.5696/2009 -:2:- 4. Therefore, appropriate action will be taken by the Panchayat forthwith for getting the Sweeping Area Certificate after measurement and forward the application to the Government through the third respondent within six weeks from the date of receipt of a copy of this judgment along with all required documents. On receipt of the details from the Panchayat, the third respondent will take appropriate action within one month thereafter. The first respondent will consider the application in accordance with G.O.(P) No.501/2005/Fin., dated 25/11/2005, and appropriate orders will be passed in accordance with the scheme within four months thereafter. The petitioner will be entitled for all benefits that is conferred under the paragraph 11 of Ext.P3 Government Order. The petitioner shall not be replaced by any fresh hand pending proceedings for regularisation in service. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms