IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 16843 of 2009(A) -------------------------------------- PETITIONER: ------------------- KESAVAN.M., S/O.LATE MUNIYAN, PART TIME SWEEPER, OFFICE OF THE EXECUTIVE ENGINEER, CADA DIVISION, CHUNNAMBUTHARA, PALAKKAD-14. BY ADVS. MR.KALEESWARAM RAJ, MR.E.B.SHAIJU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WATER RESOURCES, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADMINISTRATOR, COMMANDANT AREA DEVELOPMENT AUTHORITY, CHEMBOOKAVU, THRISSUR. 3. THE EXECUTIVE ENGINEER, CADA DIVISION, CHUNNAMBUTHARA, PALAKKAD-14. R1 BY GOVERNMENT PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16843/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 03/12/08 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.2: COPY OF THE LETTER DTD 24/12/2008 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.3: COPY OF THE SPECIAL RULES FOR THE KERALA PART-TIME CONTINGENT SERVICE. EXT.P.4: COPY OF THE G.O.(P).NO.501/2005/FIN. DTD. 25/11/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16843 OF 2009 (A) -------------------------------------------------- Dated this the 30th day of November, 2009 J U D G M E N T In terms of Rule 14(9) of the of the Command Area Development Authority Rules framed under the Kerala Command Area Development Act, 1986, responding to a requisition made, the Employment Exchange sponsored the name of petitioner for appointment to the post of Part Time Sweeper under respondents 2 and 3. Accordingly, by Ext.P1 the petitioner was called for an interview and by Ext.P2 order dated 24.12.2008, the petitioner was appointed as a Part Time Sweeper on a provisional basis for 179 days. 2. In this writ petition petitioner seeks regularization in the post mainly claiming the benefit of Ext.P3, the Kerala Part Time Contingent Service Rules and Ext.P4 Government Order. However, when the petition was taken up for hearing, the only relief that the counsel for the petitioner pressed before me is to direct respondents 2 and 3 to permit the petitioner to continue in service so long as they need the service of a part time sweeper. WPC .No.16843/09 :2 : 3. Learned Government Pleader referring to the counter affidavit filed opposed the prayer of the petitioner for regularization and I find substance in the said contention. In any case, having regard to the prayer now sought by the petitioner, the claim for regularization does not arise for consideration. 4. As the petitioner only seeks a direction to the respondents to permit him to continue in service as long as they need the service of a part time sweeper, without anything expressed on the merits of the claims raised, I dispose of this writ petition clarifying that it will be open to respondents 2 and 3 to consider, utilizing the service of the petitioner, so long as they need the service of a part time sweeper. It will be open to the petitioner to produce a copy of the judgment before respondents 2 and 3 to consider the matter and for appropriate decision in the matter. (ANTONY DOMINIC) JUDGE vi/