IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 34198 of 2008(U) --------------------------------------- PETITIONER: ------------------- RAJAMMA, AGED 64, D/O.BHARGAVI, KALAVARAMELEPUTHEN VEEDU, ARANGAMUGHAL, ARALUMMOODU, ATHIYANOOR. BY ADVS. MR.R.T.PRADEEP, MR.V.VIJULAL. RESPONDENTS: ------------------------ 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34198/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 25/11/05. EXT.P.2: COPY OF THE ORDER GOVT. OF KERALA DTD. 28/06/2006. EXT.P.3: COPY OF THE PROPOSAL DTD. 17/01/2007 WITH GOVERNING LETTER OF R.3. DTD. 27/02/2007. EXT.P.4: COPY OF THE ORDER DTD. 09/04/2008 BY R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.34198 of 2008 -------------------------------------- Dated 24th June, 2009 JUDGMENT Heard Sri.R.T.Pradeep, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Casual Sweeper in the office of the Special Tahsildar, Sreepandaravaka Lands No.III, Thiruvananthapuram. Relying on the stipulations contained in G.O.(P) No.501/2005/Fin. dated 25.11.2005 (Ext.P1) the petitioner moved for regularisation in service as a Part-time Contingent Sweeper. Though the sweeping area of the office where the petitioner is working exceeds 100 sq.mtrs, the said request was rejected by the Government on the short ground that the post of Part-time Sweeper in the office of the Special Tahsildar is a temporary post and therefore a post of Part-time Contingent Sweeper cannot be created or petitioner's service regularised. The decision of the Government was communicated to the petitioner by Ext.P4 letter dated 9.4.2008. In this writ petition, the petitioner challenges Ext.P4 and seeks a writ in the nature of mandamus commanding the respondents to regularise her in service in WP(C).No.34198/2008 2 terms of Ext.P1 Government Order. 3. A learned single Judge of this Court has in W.P.(C) No.10774 of 2008 held that even if the office is a temporary establishment, it cannot be said that G.O.(P)No.501/2005/Fin. dated 25.11.2005 cannot govern such offices. This Court accordingly quashed the order impugned in the said writ petition and directed the Government to reconsider the matter and pass fresh orders in the light of the observations made therein. In my opinion, the issue raised in this case is similar to the one raised in W.P.(C)No.10774 of 12008. The stand taken by the Government as reflected in Ext.P4 cannot therefore be sustained. In that view of the matter, I allow this writ petition, quash Ext.P4 and direct the Government to reconsider the question whether the petitioner's service can be regularised and a post of Part-time Contingent Sweeper can be created applying Ext.P1 Government order dated 25.11.2005. A decision in that regard shall be taken within four months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the judgment in W.P.(C)No.10774 of 2008 before the Principal Secretary to Government, Revenue Department. The Government shall while considering the matter having due regard to the observations made by WP(C).No.34198/2008 3 this Court in the judgment delivered on 19.3.2009 in W.P.(C)No.10774 of 2008. P.N.RAVINDRAN Judge TKS