IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 3326 of 2007(U) ------------------------------------ PETITIONER: ------------------ SASIDHARAN PILLAI, AGED 37 YEARS, S/O. LATE RAMAKRISHNA PILLAI, PARAYAMVILA KIZHAKKETHIL, VENGA P.O., MYNAGAPPALLY, KOLLAM DISTRICT, NOW WORKING AS SWEEPER AT MYNAGAPPALLY GRAMA PANCHAYATH, KOLLAM. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: ----------------------- 1. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM. 3. THE MYNAGAPPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 4. THE SECRETARY, MYNAGAPPALLY GRAMA PANCHAYATH, KOLLAM. BY SR. GOVERNMENT PLEADER SRI.NANDAKUMAR ADV. SRI. K.SIJU KAMALASANAN - R.3,4 SRI.A.MUHAMMED RAFFI - R.3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).3326/2007-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF G.O.(P)NO.501/05/FIN. DATED 25/11/2005. EXT.P2: COPY OF REPRESENTATION DATED 27/07/2006 PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P3: COPY OF COMMUNICATION NO.E2.3154/06/L DIS DATED 01/08/2006 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE SWEEPING AREA CERTIFICATE ALONG WITH THE SKETCH PREPARED BY THE ASSISTANT ENGINEER BUILDING SECTION, CHAVARA. EXT.R3(b): COPY OF THE G.O.NO.6438 H2/06 OF LOCAL SELF GOVERNMENT DEPARTMENT DATED 08/05/2006. EXT.R3(c): COPY OF RESOLUTION DATED 09/02/2007 VIDE NO.VI(1) OF MYNAGAPPALLY PANCHAYATH. EXT.R3(d): COPY OF THE RESOLUTION DATED 09/02/2007 BY VIDE NO.VI(2) OF MYNAGAPPALLY PANCHAYATH. // TRUE COPY // Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 3326 of 2007 --------------------------------- Dated this the 9th day of July, 2008. JUDGMENT The petitioner claims to be working as part time sweeper in the office of the third respondent with effect from 17.8.2001. Apparently the sweeping area in the Panchayat office is 850 square meters. The petitioner submitted representation Ext.P2 before the Secretary of the Panchayat seeking regularisation of service. This has been met with Ext.P3 communication from the second respondent stating that two part time sweepers can be appointed only when the sweeping area is in excess of 900 sq. meters . One Chellamma had been regularised as part time sweeper and the petitioner's request has been declined. This has been challenged in this writ petition. 2. The Panchayat has filed a counter affidavit affirming that the petitioner was also working as casual sweeper. But the petitioner is junior to Chellamma. The petitioner's claim for regularisation in service was recommended to the Government by resolution dated 9.2.2007 Ext.R3(d) and the same has been WPC.3326 /2007 2 forwarded to the Government also. 3. I heard learned counsel for the petitioner, the learned senior Government Pleader and the learned counsel for the Panchayat. In the circumstances, it is appropriate that the Government takes a decision on Ext.R3(d) resolution. The writ petition is disposed of directing the first respondent to take a decision for sanctioning the request made by the Panchayat as per Ext.R2(d) resolution. This shall be done, within a period of three months from the date of receipt of a copy of this judgment. The petitioner as also the representative of the third respondent shall be heard by the Government before a decision is taken to enable the first respondent to comply with the directions. The petitioner shall produce a copy of this judgment along with a copy of the writ petition as also a counter affidavit filed by the Panchayat before the first respondent for compliance. Status quo as on today shall be maintained till a government takes a decision as mentioned above. V. GIRI, JUDGE. Pmn/ WPC.3326 /2007 3