IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 33146 of 2008(U) --------------------------------------- PETITIONER(S): ------------------------- 1. A.G. DEVIDASAN, PART TIME CASUAL SWEEPER, KANJIRANGAD VILLAGE OFFICE, MAKKIYAD.P.O, MANANTHAWADY TALUK, WAYANAD DISTRICT. 2. V.P. ALPHONSA, PART TIME CASUAL SWEEPER, CHERUKATTOOR VILLAGE OFFICE, MANANTHAVADY TALUK, WAYANAD DISTRICT. 3. P.K. KAMALAKSHY, PART TIME CASUAL SWEEPER, NALOORNADU VILLAGE OFFICE, MANANTHAVADY TALUK, WAYANAD DISTRICT. 4. N.C. NARAYANAKURUP, PART TIME CASUAL SWEEPER, PANAMARAM VILLAGE OFFICE, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV.MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE TAHSILDAR, MANANTHAVADY TALUK, IDUKKI DISTRICT. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33146/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT DT. 19.12.2002 IN OP. NO.38515/02. P2:- COPY OF THE JUDGMENT DT. 3.11.03 IN WPC. NO.34411 /03. P3:- COPY OF THE MEASUREMENT WITH RESPECT TO KANHIRAMGADU VILLAGE OFFICE. P4:- COPY OF THE MEASUREMENT PERTAINING TO CHERUKATTOOR VILLAGE OFFICE. P5:- COPY OF THE MEASUREMENT PERTAINING TO NALLOORNADU VILLAGE OFFICE. P6:- COPY OF THE LETTER NO.A2/247/04 DT. 29.9.04. P7:- COPY OF THE CERTIFICATE DT. 6.11.02 WITH RESPECT TO IST PETITIONER P8:- COPY OF THE CERTIFICATE DT. 15.10.03 WITH RESPECT TO 3RD PETITIONER. P9:- COPY OF THE REPRESENTATION DT. 8.12.03 FILE BY THE 4TH RESPONDENT. P10:- COPY OF THE G.O.(P) 501/065 DDT. 25.11.05. P11:- COPY OF THE LETTER DT. 17.6.05 . /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33146/2008-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February, 2009 J U D G M E N T The petitioners are working as part time casual sweepers in various Government Offices in Wayanad District. As per Ext.P1 judgment, wherein the petitioners were also parties, this Court held that they are eligible to get the benefit of the Government Orders fixing pay of regular part time Sweepers. Accordingly, the writ petition was disposed of directing the various respondents under whom the respective petitioners were working to sanction and disburse the pay and allowances due to the petitioners at the rates provided in Ext.P1 produced therein. The first petitioner was petitioner No.79, the second petitioner No.26, third petitioner No.69 in Ext.P1 judgment. The fourth petitioner along with four others had filed a separate writ petition, O.P.No.34411/2003. He was the first petitioner in that writ petition. The same was disposed of by Ext.P2 judgment wherein a similar direction was issued. It was observed that the respondents concerned should bear in mind the area swept by the petitioners, whether it is below the 100 sq.mts or above 100 sq.mts and apply their mind and fix the benefits. 2. The petitioners contend that the sweeping area covered by them exceeds 100 sq.mts. They have produced Exts.P3 to P5 certificates in W.P.(C) No.33146/2008 -:2:- support of the plea. The same applies to petitioners 1 to 3. As regards the fourth respondent's office, the sweeping area is 180.78 sq mts. Ext.P6 is produced in support of the said averment. From out of the four petitioners, the first petitioner has been working since 15/01/1994, the second petitioner from 1986, the third petitioner from October 1986 and the fourth petitioner for the last 20 years. It is further averred that they were being paid enhanced rate on the basis of the judgments, Exts.P1 and P2. Subsequently, that was reduced to Rs.600/- per month and later enhanced to Rs.750/- and again enhanced to Rs.1000/-. 3. Ext.P9 is a representation submitted by the fourth petitioner seeking for regularisation in service. The Government as per Ext.P10 order dated 25/11/2005 has framed a scheme for regularisation of persons like the petitioners. The paragraph (11) of Ext.P10 protects the right of the part time sweepers like the petitioners for payment of wages even if the sweeping area is below 100 sq.mts. It is pointed out by the petitioners that the Tahsildar has issued a letter to them (Ext.P11) stating that they are not entitled for enhanced salary on the ground that the sweeping area is below 100 sq.mts and that appropriate orders have been sought from the District Collector. 4. Going by Ext.P10, the part time sweepers including the casual sweepers are entitled for protection regarding regularisation of service and W.P.(C) No.33146/2008 -:3:- payment of wages. The same is a matter to be considered by the concerned authorities. The question whether the casual sweepers and daily wage sweepers are covered by the provisions of the scheme have been elaborately dealt with by a learned Single Judge of this Court in W.P.(C).No. 19186/2005 and connected cases. In paragraph (20) it was held that casual sweepers are also governed by the provisions of the scheme. 5. Therefore, the question of regularisation of the petitioners has to be considered in the light of the scheme provided. If the sweeping area is above 100 sq.mts., appropriate posts have to be created and then they will be have to be regularised. Even if the sweeping area is below 100 sq.mts. Going by clause 11 of G.O.(P) No.501/2005, the remuneration of the existing part time sweepers shall not be reduced. This is a matter for consideration by the first respondent. Therefore, the second and third respondents will forward all the necessary particulars regarding the petitioners, including the applications along with the sweeping area certificates to the first respondent for appropriate action within a period of one month from the date of receipt of the copy of this judgment. The first respondent will thereafter, consider the matter in accordance with the scheme and in the light of the findings rendered in W.P.(C).No.19186/2005 and connected cases, pass appropriate orders within a further period of three months thereafter. In the light of the fact that irrespective of the question of W.P.(C) No.33146/2008 -:4:- regularisation, they are entitled for enhanced wages, the wages to them will be disbursed in accordance with the scheme by the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms