IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 W.P(C).No. 4938 of 2008(K) ------------------------- PETITIONER : --------------------- K. PONNU, THADATHARIKATHU PUTHENVEEDU, THENGUMCODE THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SRI.R.SUDHAKARA MENON SMT.V.J.SAFEENA RESPONDENTS : ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY LOCAL-SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. THE SECRETARY KALLARA GRAMA PANCHAYATH. BY SRI. P. NANDAKUMAR, GOVERNMENT PLEADER SRI.M.R.RAJESH - R3 SMT.A.K.PREETHA - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 4938/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF G.O(MS) 15/87/LAD DATED 21/11/1987 REGULARISING THE SERVICE OF ALL TEMPORARY EMPLOYEES. EXHIBIT P2 : TRUE COPY OF G.O.(MS) 25/87/LAD DATED 3RD FEBRUARY, 1987 DECARING PANCHAYATH EMPLOYEES AS FULL SCALE GOVERNMETN SERVANTS. EXHIBIT P3 : TRUE COPY OF G.O. LAD NO. 1380/2001 DATED 28/03/2001, REGULARISING PETITIONER'S SERVICE AS PART TIME SWEEPER. EXHIBIT P4 : TRUE COPY OF JUDGMENT DATED 6TH JANUARY, 2005 IN W.A. 200/02. EXHIBIT P5 : TRUE COPY OF GOVERNMENT LETTER NO.22682/N2/99/G. EDN DATED 8/01/2003. EXHIBIT P6 : TRUE COPY OF ORDER NO.G.O.(Rt) NO.111/08/LSGD DATED 11/01/2008. EXHIBIT P7 : TRUE COPY OF G.O.(P) NO.501/2005/FIN DATED 25/11/2005 ISSUING GUIDELINES FOR REGULARISATION AND REVISED PAY SCALE OF PART TIME SWEEPERS. EXHIBIT P8 : TRUE PHOTOCOPY OF G.O.(P) NO.3000/98/FIN. DATED 25/11/1998. EXHIBIT P9 : TRUE PHOTOCOPY OF THE REPORTOF SWEEPING ARE PREPARED BY THE ASSISTANT ENGINEER, LSGD, KALLARA. RESPONDENTS' EXHIBITS: EXHIBIT R3(a) : TRUE COPY OF THE LETTER DATED 2/02/2008 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT R3(b) : TRUE COPY OF THE LETER NO.E9-4160/1999 DATED 28/02/2008 OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT R3(c): TRUE COPY OF THE ORDER NO.A4-4160/1999 DATED 29/02/2008 OF THE 3RD RESPONDENT. EXHIBIT R3(d): TRUE COPY OF THE LETERS NO.A4-4160/1999 DATED 1/03/2008 OF THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm V.GIRI, J. ----------- W.P.(C)No.4938 OF 2008 ----------------------------- DATED THIS THE 11TH DAY OF MARCH, 2008 O R D E R The matter is to be treated as admitted. Notice by speed post to respondents 1 and 2. Learned counsel for the 3rd respondent on instructions submits that on 29.2.2008 an order has been passed by the Panchayat appointing the petitioner as Part Time Sweeper in the Panchayat. It is also assured that she will be paid the salary of a Part Time Sweeper from the date of appointment. As regards the arrears of wages due to the petitioner, the counsel for the Panchayat submits that there is dispute as to the date of eligibility in terms of G.O.(P) No.501/05/Fin. dated 25.11.2005. The above submission is recorded. Counter affidavit to be filed by the Panchayat within a period of eight weeks. Post after vacation. V.GIRI, JUDGE. dsn