IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 21123 of 2008(M) -------------------------- PETITIONER(S): --------------- VINODINI K., W/O PRAKASAN, AGED 32 YEARS, RESIDNG AT KURUMAYILPOIL, NADUVATHOR P.O., KOOYILANDY TALUK, CASUAL SWEEPER, VETERINARY HOSPITAL KEEZHARIYOOR. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA RAMKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT ANIMAL HUSBANDRY OFFICER KOZHIKODE. 3. BINDU P.K. W/O PREMAN, AGED 31 YEARS, KURUMAYILPOIL HOUSE, NADUVATHOOR P.O., KOYILANDY TALUK. ADDL.4. DR.RASEENS, VETERINARY SURGEON, VETERINARY DISPENSARY, KEEZHARIYOOR, P.O.NADUVATHOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT. ADDL.5. RAJINA, W/O.JIJU PUTHIYADETHMEETHAL HOUSE, P.O.NADUVATHOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT. [ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER DTD.4.11.08 IN I.A.NO.12607/08 OF W.P.(C) 21123/08] ADV. SMT.SHERLY THOMAS FOR R3 GOVERNMENT PLEADERMR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21123 of 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Government Order G.O.(P)No.501/05.Fin dated 25.11.2005. Ext.P2 :- Copy of the representation submitted before the Secretary dt.1.7.08. Ext.P3 :- Copy of the representation submitted before the district animal husbandry officer Kozhikode dt.1.7.08. Ext.P4 :- Copy of the form T.R.61 bill issued to the petitioner by the Veterinary surgeon Keezhariyoor dt.7.2.04. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.21123 of 2008 ------------------------------------ Dated this the 18th day of August 2010 J U D G M E N T Petitioner submits that she was engaged as Part Time Sweeper in the Veterinary Hospital, Keezhariyoor in Quilandy Taluk. Going by the pleadings itself the sweeping area is 121 sq.mts.. It is stated that therefore, she is entitled to be regularization extending the benefit of G.O.(P) No.501/05/Fin dated 25.11.2005. 2. On the other hand, stand of the 2nd respondent in the counter affidavit filed is that, at the time when the petitioner was working, another person, the 3rd respondent herein was already engaged as casual sweeper. It is stated that therefore the petitioner cannot claim the benefit of regularization. W.P.(C) No.21123 of 2008 -: 2 :- 3. However a reading of the counter affidavit filed by the 4th respondent shows that the 3rd respondent has not been attending duty from 12.8.2008 onwards and she also said that she would not come for the work. 4. 3rd respondent has filed a counter affidavit separately. A relevant portion of the same reads as under :- “This respondent was shown as a casual sweeper in the records of the Veterinary dispensary Keezhariyoor, only for denying a permanent job for the petitioner. The petitioner is the sister-in-law of this respondent. We are residing in the same house. The Veterinary surgeon of Keezhariyoor insisted that the vouchers for disbursement of wages should be prepared in the name of two persons. That was why this respondents name was shown in the records as a casual sweeper at Veterinary dispensary Keezhariyoor. I never went to the dispensary as a casual sweeper. I have no claim over the post of casual or part time sweeper at Veterinary dispensary Keezhariyoor. As far as my knowledge goes the petitioner alone was doing the sweeping work at veterinary dispensary Keezhariyoor from December 2003 onwards.” In the above circumstances, I do not think that the claim of W.P.(C) No.21123 of 2008 -: 3 :- the 3rd respondent should stand in the way of petitioner. 5. Therefore, I direct the Veterinary Surgeon, Veterinary Dispensary, Keezhariyoor to get the sweeping area swept by the petitioner measured in terms of the provisions contained in the Government Order referred above and make a proposal to the 2nd respondent for regularization of the services of the petitioner. It is directed that 2nd respondent shall thereupon place the proposal before the 1st respondent who shall pass appropriate orders in the matter in terms of the provisions contained in G.O.(P)No.501/05/Fin dated 25.11.2005. 6. The Veterinary Surgeon shall make the proposal within four weeks from the date of receipt of a copy of this judgment and the 1st respondent shall pass final orders as expeditiously as possible, at any rate, within three months from the date of receipt of the proposal. 7. In the mean while, status quo as on date regarding the petitioner shall be maintained. Petitioner W.P.(C) No.21123 of 2008 -: 4 :- shall produce a copy of this judgment along with a copy of the writ petition before the Veterinary Surgeon for compliance. Writ petition disposed of as above. ANTONY DOMINIC, JUDGE. Jvt