IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 RP.No. 434 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29572/2009 Dated 23/10/2009 .................... REVIEW PETITIONER(S): IST RESPONDENTS IN W.P.(C) ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF LOCAL SELF GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER RESPONDENT(S): PETITIONER & 4TH RESPONDENT IN W.P.(C) ----------------------------------------------------- 1. R.JAYAKUMARI,W/O.CHRISTUDAS,PART-TIME SWEEPER,CHENKAL GRAMA PANCHAYATH,UDIYANKULANGARA, AMARAVILA.P.O,THIRUVANANTHAPURAM. 2. CHENKAL GRAMA PANCHAYATH,REP.BY ITS SECRETARY,UDIYANKULANGARA,AMARAVILA.P.O, THIRUVANANTHAPURAM. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- R.P.No.434 of 2010 in W.P.(C.) No.29572 of 2009 (N) --------------------------------- Dated, this the 31st day of May, 2010 O R D E R Claim made by the petitioner in the writ petition was for the benefit of regularisation of her service as ordered in GO(P) No.501/2005/Fin. dated 25/11/2005. By judgment dated 23/10/2009, following the judgment in WP(C) No.36573/08, the order declining regularisation of the petitioner was set aside and the matter was directed to be reconsidered. 2. The learned Government Pleader rightly pointed out that the judgment referred to above only negatived the objection of the Government that Casual Sweepers are outside the purview of the Government Order and that the judgment does not deal with the objection raised by them and that Market Sweepers like the petitioner do not come within the purview of the Government Order. Admittedly, the petitioner is a Market Sweeper and a reading of the judgment in WP(C) No. 36573/08 show that this Court did not R.P.No.434/2010 -2- deal with the question as to whether Market Sweepers are eligible for the benefit of the Government Order. Therefore, there is an error in the judgment in directing reconsideration of the issue. In view of this, the judgment in WP(C) No.29572/2009 dated 23/10/2009 is recalled and the review petition is allowed. Post the writ petition for admission. Sd/- (ANTONY DOMINIC, JUDGE) jg //TRUE COPY// PA TO JUDGE.