IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 30210 of 2005(U) -------------------------- PETITIONER(S): ------------------ SAMSON JOSEPH, S/O.LATE RAICHEL, PART TIME CASUAL SWEEPER, KRISHI BHAVAN, MUNDAKKAYAM, POST MUNDAKKAYAM, KOTTAYAM DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM . 3. PRINCIPAL AGRICULTURAL OFFICER, KOTTAYAM. GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30210/05 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DT 21.10.2003 IN WPC NO.32966/2003. EXT.P2: TRUE COPY OF THE DEATH CERTIFICATE PERTAINING TO SMT.RAICHAL. EXT.P3: TRUE COPY OF THE RATION CARD. EXT.P4: TRUE COPY OF THE COMMUNICATION DT 9.7.09 OF THE AGRICULTURAL OFFICER. EXT.P5: THE TRUE COPY OF THE SWEEPING AREA CERTIFICATE DT 27.7.09 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD, KANJIRAPPALLY. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30210 OF 2005 (U) ===================== Dated this the 1st day of December, 2009 J U D G M E N T Petitioner's claim is for regularisation on the strength of GO (P) No.501/05/Fin dated 25/11/2005. According to the petitioner, his mother was a Part Time Sweeper in the Krishi Bhavan, Mundakkayam, Kottayam District till her death on 25/9/05. It is stated that thereafter the petitioner has been working as Part Time Sweeper. On the issuance of the Government Order referred to above, apparently in order to extend the benefit to the petitioner, Ext.P4 communication was issued by the Agricultural Officer requesting the Assistant Executive Engineer, PWD, Kanjirappally to measure the sweeping area in the office. Further action on Ext.P4 was not taken. While so, from Ext.P5 produced by the petitioner along with IA No.14917/09, it is seen that on measurement, the sweeping area of the building is seen to be certified as 156.84 m2. 2. Now that the sweeping area has been measured as above, it is for the 3rd respondent to make necessary proposal in terms of GO(P) No.501/05/Fin referred to above and it is WPC 30210/05 :2 : thereafter ultimately for the 1st respondent to consider the case of the petitioner for regularisation. 3. Therefore, I dispose of this writ petition directing the 3rd respondent to consider the eligibility of the petitioner for regularisation in terms of the Government Order and make necessary proposal so that the 1st respondent could consider the claim. The proposal as above shall be made as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment and the 1st respondent on its receipt shall pass final orders in the matter as expeditiously as possible, at any rate, within 8 weeks thereafter. Petitioner shall produce a copy of this judgment before the respondents for compliance. ANTONY DOMINIC, JUDGE Rp