IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17795 of 2009(T) --------------------------------------- PETITIONER: ------------------- KANCHANA. C, CASUAL SWEEPER, DISTRICT HOSPITAL ,KANNUR. BY ADV. MR.C.K.SREEJITH. RESPONDENTS: ------------------------ 1. THE MEDICAL OFFICER, DISTRICT HOSPITAL, KANNUR. 2. THE DIRECTOR OF HEALTH (MEDICAL) TRIVANDRUM. 3. THE SECRETARY TO GOVT., DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT,TRIVANDRUM. 4. SECRETARY, DISTRICT PANCHAYAT, KANNUR DIST. 5. THE HOSPITAL DEVELOPMENT COMMITTEE, DISTRICT H Q, GOVERNMENT HOSPITAL,KANNUR. R1 TO R5 BY GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17795 of 2009 - T =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of June, 2009 JUDGMENT Heard Sri. C.K. Sreejith, the learned counsel appearing for the petitioner. 2. The petitioner was initially appointed as Part-time Sweeper on daily wages in the District Hospital at Kannur on 10-12-1999. Her services were terminated on 30-11-2000. She was thereafter re-appointed as Part- time Sweeper on daily wages during various spells, the last of which came to an end on 29-11-2001. Thereafter, she was appointed as Attender on daily wages by Ext.P2 order dated 5-11-2002 and even today she is continuing in that post in the District Hospital at Kannur. While the petitioner was working as Attender, the Government issued G.O.(P) No. 501/2005/Fin. dated 25-11-2005 permitting regularization of casual sweepers by creating the post of Part-time Contingent Sweeper in offices/establishments having a sweeping area exceeding 100 Sq. mtrs. The petitioner thereupon moved the District Panchayat seeking regularization of her service as Part-time Contingent Sweeper. That application was recommended by the Secretary of the District Panchayat. The petitioner, W.P.(C) No. 17795/09 2 thereafter filed W.P.(C) No.20799 of 2008 in this Court seeking regularization in service. By Ext.P7 judgment deliverd on 19-9-2008 this Court disposed of the said writ petition with a direction to the Government to take a decision in the matter, in the light of G.O.(P) No.501/2005/Fin. dated 25-11-2005. The Government thereupon considered the petitioner's request and rejected the same by Ext.P8 order dated 24-3-2009 holding that the petitioner was not a Casual Sweeper as on 25-11-2005 when the Government order permitting regularization of Casual Sweepers was issued. In this writ petition, the petitioner challenges Ext.P8 order and seeks a writ in the nature of mandamus commanding the respondents to regularize her in service as Part-time Contingent Sweeper, in the light of the Government order dated 25-11-2005. 3. The pleadings disclose that the petitioner ceased to be a Casual Sweeper with effect from 29-11-2001. With effect from 5-11-2002 she is working as Attender on daily wages in the District Hospital, Kannur. When the Government order dated 25-11-2005 was issued the petitioner was not a Casual Sweeper. Therefore, the petitioner cannot claim regularization in service as Part-time Contingent Sweeper, as she was not an existing Casual Sweeper at the time when the Government order dated 25-11-2005 was issued or the Government order dated 2-8-2005 was issued. I am therefore W.P.(C) No. 17795/09 3 of considered opinion that the stand taken by the Government in Ext.P8 cannot be faulted. For the reasons stated above, I hold that there is no merit in the challenge to Ext.P8. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.