IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 16470 of 2009(C) -------------------------- PETITIONER(S): --------------- KUTTIYAMMA,W/O.GOPALAN,PARACKKATHOTTIYIL HOUSE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU SRI.T.G.KALADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE MARANGATTUPALLY GRAMA PANCHAYATH REP.BY THE SECRETARY,O/O.THE GRAMA PANCHAYAT MARANGATTUPALLY, KOTTAYAM DISTRICT. 3. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 4. THE DY.DIRECTOR OF PANCHAYATH, KOTTAYAM. ADV. SRI.SUNIL CYRIAC FOR R2 GOVERNMENT PLEADER SRI. ANTONY MUKKATH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the decision No.IV(4) dated 27.8.2002 taken by the 2nd respondent. Ext.P2. True copy of the Order No.E2-7251/04 dated 1.9.2004 issued by the 4th respondent. Ext.P3. True copy of the Govt. Order dated 25.11.2005. Ext.P4. A true copy of the sweeping area certificate issued to te 2nd respondent. Ext.P5. True copy of the communication dated 5.11.2007. Ext.P6. True copy of the communication to the 2nd respondent dated 24.2.2009. Ext.P7. True copy of the representation submitted by the petitioner before the Ist respondent. Ext.P8. True copy of the communication dated 28.2.2009 to the 2nd respondent. // true copy // P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16470 OF 2009(C) -------------------------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T Petitioner submits that she is a Part Time Sweeper engaged by the 2nd respondent Panchayat. According to the petitioner, she is entitled to the regularization of her service, in view of the provisions contained in G.O.(P).No.501/2005/Fin. dated 25.11.2005, as clarified by the subsequent orders, the last of which is Ext.P10. Petitioner states that although the Panchayat has submitted a proposal for the regularization of her service as per Ext.P4, orders have not been passed by the first respondent so far, presumably for the reason that, according to the Ist respondent, Part Time sweepers engaged by the Panchayat are not eligible for the benefit of GO(P).No.501/2005. It is stated that now that the position is clarified by the subsequent orders and Part Time Sweepers engaged by the Panchayat are also held eligible for the benefit of regularization, her claim should be considered. Despite having submitted Ext.P7 representation first respondent is not considered the petitioner's claim and therefore the writ petition is WPC.No.16470 /09 :2 : filed. 2. Although, initially the stand taken by the first respondent was that the Part Time Sweepers engaged by the Panchayat were not eligible for the benefit of regularization ordered as per GO(P). No.501/2005/Fin. dated 25.11.05, it has been later clarified that Part Time Sweepers engaged by the Panchayat, who are satisfying the conditions for regularization laid down in the aforesaid Government Order, are also eligible for the benefit of regularization. In view of the above, necessarily first respondent should consider Ext.P4 proposal made by the 2nd respondent Panchayat. 3. Therefore, I dispose of this writ petition directing the first respondent to consider and pass orders on Ext.P4 proposal and Ext.P7 representation submitted by the petitioner in the light of the G.O(P).No.501/2005 dated 25.11.2005, as clarified in the subsequent Government Orders including Ext.P10 G.O(Rt). No.1566/10/LSGD dated 10.5.2010. Orders shall be passed as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. Until orders are WPC.No.16470 /09 :3 : passed as above, interim order passed by this court on 15.6.2009 will be continued. Petitioner shall produce a copy of the judgment before the respondents 1 and 2 for compliance. (ANTONY DOMINIC) JUDGE vi/