IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14043 of 2009(A) -------------------------------------- PETITIONER(S): ---------------------- JANAMMA, AGED 48 YEARS, W/O.THANKAPPAN, POONJAL VEETTIL, ERUMELY NORTH VILLAGE, MUNDAKAYAM P.O., KOTTAYAM DISTRICT, (PART-TIME CASUAL SWEEPER AT VILLAGE OFFICE, ERUMELY NORTH, KOTTAYAM DISTRICT). BY ADV. MR.SUNIL V.MOHAMMED RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE TAHSILDAR, KANJIRAPPALLY, KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, ERUMELY NORTH VILLAGE, MUNDAKAYAM P.O., KOTTAYAM DISTRICT. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 14043 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of May, 2009 JUDGMENT Heard Sri. Sunil V. Mohammed, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Part-time Sweeper in the office of the fourth respondent. She claims regularization in service, relying on Ext.P1 Government order dated 25-11-2005. Ext.P3 letter dated 30-6-2006 sent by the third respondent to the petitioner discloses that steps have been taken to regularize the petitioner in service by creating a post of Part-time Sweeper and that a proposal in that regard has been submitted to the District Collector. In this writ petition, the petitioner inter alia, prays for a direction to the respondents to consider her claim for regularization, within a time limit. 3. On the terms of Ext.P1 Government order, the Government have to create a post of Part-time Contingent WPC 14043/09 2 Sweeper, if the sweeping area is more than 100 Sq. Mtrs. Ext. P3 discloses that a proposal in that regard has been forwarded by the Tahsildar to the District Collector, Kottayam. However, it is not known whether the District Collector has forwarded the proposal to the Government. Since the Government alone is the competent authority, the District Collector will have to necessarily forward the proposal to the Government. 4. Accordingly, this writ petition is disposed of with a direction to the District Collector, Kottayam to forward the proposal to create a post of Part-time Contingent Sweeper in the fourth respondent’s office and also the claim of the petitioner for regularization in such post to the concerned department of the Government, if it has not so far been forwarded to the Government. The Government shall within three months from the date of receipt of the proposal from the District Collector, consider the claim of the petitioner for regularization, in the light of Ext.P1 Government order and pass orders thereon. In case, the WPC 14043/09 3 proposal is already before the Government, the Government shall pass orders in the matter within four months from today. After orders are passed as directed above, the Government shall forthwith communicate a copy thereof to the petitioner through the fourth respondent. Till orders are passed and communicated as directed above, the status quo as on today shall be maintained. P.N.RAVINDRAN, JUDGE. mn.