IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 RP.No. 568 of 2011() -------------------- AGAINST THE JUDGEMENT IN WA.1492/2010 Dated 08/06/2011 .................... REVIEW PETITIONER/APPELLANT ------------------------------- GRACY THIKUNNUMPURATH, W/O.JOY, AGED 40 YEARS, PART TIME CASUAL SWEEPER, VETERINARY DISPENSARY AT KOLAKKAD, KOLAKKAD VIA, IRITTY, KANNUR DISTRICT, NOW RESIDING AT THIKUNNUMPURATH HOUSE, ODAPUZHA, KOLAKKAD P.O. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/RESPONDENTS -------------------------- 1. MEDICAL OFFICER/VETERINARY SURGEON, VETERINARY DISPENSARY KOLAKKAD, IRITTY VIA, KANNUR DISTRICT-670703. 2. SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT (A.H.E.), TRIVANDRUM-695001. 3. DISTRICT MEDICAL OFFICER, DEPARTMENT OF ANIMAL HUSBANDRY, KANNUR-670703. 4. SAJI K.U., PART TIME SWEEPER, (ADDITIONAL R4), KOLAKKAD VETERINARY DISPENSARY, KOLAKKAD, IRITTY VIA, KANNUR DISTRICT-670703. G.P. SRI.GEORGE MECHERIL FOR R1 TO R3 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1: TRUE COPY OF PETITION FILED UNDER RIGHT TO INFORMATION ACT. ANNEXURE A2: TRUE COPY OF INFORMATION GIVEN BY THE PUBLIC INFORMATION OFFICER, DISTRICT ANIMAL HUSBANDRY OFFICE, KANNUR. ANNEXURE A3: TRUE COPY OF G.O.(P) NO.501/2005/FIN.DDT.25.11.2005. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... R.P. No.568 of 2011 in Writ Appeal No.1492 of 2010 .................................................................... Dated this the 17th day of August, 2011. ORDER Ramachandran Nair, J. Review Petition is filed for reviewing judgment in the Writ Appeal dated 8.6.2011 issued by us rejecting petitioner's claim for employment as a regular Part-Time Sweeper under Government Order No.501/2005/Fin. dated 25.11.2005. The Writ Appeal was rejected accepting the contention of respondents that appellant has not served the period as Part-Time Sweeper in the Government Office which entitles her for regularisation under the Government Order. However, review petitioner has now obtained details of period of her service as a Part-Time Sweeper in the Veterinary Office at Kolakkad in Kannur District which shows that she has served for 340 days during 2005 and altogether she has served 1937 days in the course of 7 years i.e. from 2001 to 2007. Government Pleader has also produced instruction R.P. 568/2011 2 dated 4.6.2011 issued by the District Animal Husbandry Office wherein the claim of the review petitioner is confirmed. We, therefore, feel that the judgment calls for review since it is rendered based on inadequate facts furnished by the respondents. Government Pleader submitted that though a regular Part-Time Sweeper was appointed in the very same office i.e. Veterinary Office at Kolakkad, that person was promoted as Attender and, therefore, as of now there is a regular Part-Time Sweeper's vacancy whose work is done by the Kudumbasree Unit under a temporary arrangement. So much so, the review petitioner can be appointed in the same post as she is eligible under the Government Order. We, therefore, allow the Review Petition by recalling the judgment in the Writ Appeal. Writ Appeal is allowed by vacating the judgment of the learned Single Judge, quashing Ext.P5 and with direction to the Government to consider the period of service of the appellant as Part-Time Sweeper in the Veterinary Office at Kolakkad and employ her as she is eligible, based on Annexure A3 order without any delay. Order should be passed within a period of one R.P. 568/2011 3 month from date of production of copy of this order. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms