IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9542 of 2009(K) ------------------------------------- PETITIONER(S): ------------------------ I.VIMALA, W/O.CYRIL, ANTONY MANDIRAM, VENGA (PO), SASTHAMKOTTA, FORMERLY: PART-TIME SWEEPER OFFICE OF THE ASST.EXECUTIVE ENGINEER, KIP (RB) SUB DIVISION NO.21, SASTHAMKOTTA, KOLLAM DISTRICT. BY ADVS. MR.M.V.THAMBAN MR.R.REJI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF IRRIGATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, KIP (RB) DIVISION NO.6, KOLLAM. 4. THE ASST.EXECUTIVE ENGINEER, KIP (RB) SUB DIVISION NO.26, KARUNAGAPALLY, KOLLAM DISTRICT. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 9542 of 2009 --------------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner was working as Part Time Sweeper on fixed remuneration in the office of the Assistant Executive Engineer KIP(RB) Sub Division No.21 Sasthamcotta in Kollam District. She was engaged as Part Time Sweeper in that office with effect from 1.1.1984 on a fixed remuneration of Rs.50/- per month which was enhanced to Rs.100/- per month, again to Rs.110/- per month and further to Rs.600/- per month in the pay revision of the year 1997 and she was getting such amount till 31.1.2003. From 1.2.2003 she is kept out of employment. 2. The petitioner is seeking the benefit of regularization in service based on G.O.(P) No.501/2005/Fin. Dated 25.11.2005. The petitioner had been representing to the department and to the Government for re-engagement and regularisation accordingly. It is pointed out that as per Ext.P3 representation she had requested for such benefits. And since no action was taken thereon she filed O.P.No.11100/2003 before this Court which was disposed of by Ext.P4 judgment. wpc: 9542 of 2009 2 3. There was a direction to pay arrears also and accordingly she was paid Rs.55,516/- which represents arrears of salary from 25.11.1998 to 31.1.2003. Ext.P5 is the subsequent representation filed by her seeking for re- engagement. The details of the petitioner was forwarded by the Executive Engineer as per Ext.P7 to the Chief Engineer, Irrigation and Administration. All the particulars about the petitioner have been stated therein. The Chief Engineer has submitted a further report to the Government by his letter dated 18.02.2008. It is evidenced as Ext.P8. The petitioner submits that the observation therein to the effect that there is no provision for continuing or regularizing her in any other existing office. This is not correct in the light of G.O.(P) No.501/2005/Fina. Dated 25.11.2005. 4. Ext.P2 is an identical case where the Government have extended such benefits to one Sri.M.C.Muraleedharan, part time sweeper, consequent to the stoppage of the functioning of the office. The said person was again re-engaged by Ext.P2 order. The issue has to be considered by the Government in the light of the various orders as well as G.O.(P)No.501/2005/Fina. Dated 25.11.2005. wpc: 9542 of 2009 3 There will be a direction to the first respondent to consider Ext.P5 and take appropriate decision and communicate the same to the petitioner within a period of three months from the date of receipt of a copy of this judgment. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps