IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11278 of 2008(P) -------------------------- PETITIONER: ------------ C.P. ROSILY, W/O. DAVIS, PART-TIME SWEEPER ON FIXED REMUNERATION, CENTRAL NURSARY (DEPARTMENT OF FOREST), CHATTKULAM, CHALAKKUDY, TRICHUR DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE FOREST RANGE OFIFCER, CENTRAL NURSARY, CHATTIKKULAM, CHALAKKUDY, TRICHUR DISTRICT. 3. THE DIVISIONAL FOREST OFFICER, CHALAKKUDY, TRICHUR DISTRICT. 4. THE CHIEF CONSERVATOR OF FOREST (ADMINISTRATION), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11278/2008 -------------------- Dated this the 2nd day of April, 2008 JUDGMENT Petitioner submits that she has been engaged as a Casual Sweeper with effect from September, 2002 and the sweeping area serviced by her is in excess of 100 sq meters. Reference is made in this regard to Exts.P1 and P1(a). It is contended that the entitlement of casual sweepers to be paid wages on a par with the contingent staff was accepted by this Court in Mercy v. State of Kerala (2004 (2) KLT 848). In Mercy this Court further directed regularization of part time sweepers and payment of salary with arrears from 1.3.1997, if the sweeping area is in excess of 100 sq meters. 2. Mercy was carried in appeal and this led to Ext.P2 judgment. Mercy was substantially affirmed, but with regard to the claim for arrears of salary, Division Bench directed that it shall be confined to the period of three years prior to the institution of the writ petition before the W.P.(C).11278/2008 2 Court by the concerned incumbent. 3. Petitioner has approached the Government with the plea for regularization and payment of arrears of salary and the same is pending before the Government as Ext.P5. 4. I heard learned counsel for the petitioner Mr.M.V.Thamban and the learned Government Pleader. I have perused Ext.P5 as well. In the result, writ petition is disposed of directing the first respondent, Government, to consider Ext.P5 and pass orders thereon in the matter of regularization and arrears of salary claimed by the petitioner consequential upon her claim that she is entitled to wages on a par with the contingent staff. The plea for regularization shall be considered in the light of G.O.(P).501/2005 dated 25.11.2005 and the plea for arrears of salary shall be considered in the light of Ext.P2 judgment. The order may be passed by the Government after hearing the petitioner within a period W.P.(C).11278/2008 3 of three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs