IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WA.No. 1868 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19532/2008 Dated 26/03/2009 .................... APPELLANT(S): -------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT. 2. THE DISTRICT COLLECTOR,IDUKKI. 3. THE TAHSILDAR,UDUMANCHOLA,IDUKKI DISTRICT. 4. THE VILLATE OFFICER, SANTHAMPARA. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENT(S): --------------- SRI.M.J.JOSE, PART TIME CASUAL SWEEPER, VILLAGE OFFICER, SANTHAMPARA, IDUKKI. ADV. SRI.KALEESWARAM RAJ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.A. No.1868 of 2009 -------------------------------- Dated this the 7th day of October,2009 JUDGMENT Kurian Joseph.J Appellants were the respondents 1 to 4 in the writ petition. The writ petitioner approached this court praying for regularisation as a part-time sweeper in Santhanpara Village Office. It is not in dispute that he has been working as part time sweeper for around a decade. He was also drawing the scale of a part-time sweeper in terms of paragraph 8 of G.O.(P) No.501/2005 dated 25/11/2005. Prior to his transfer to Chakkupallam and Santhampara he had been at Rajakumari Village Office where there was no sanctioned post of part-time sweeper since the sweeping area is below 100 Sq.Ft. There is a serious dispute as to the extent of sweeping area. In view of the orders that we propose to pass it may not be necessary to go in to that contention. In view of the pay protection granted to the petitioner, necessarily he will be retained as a part-time sweeper with the scale of pay adopted to the regular post. Now, on transfer he is working in a place where there is a sanctioned post. W.A. No.1868 of 2009 2 Therefore, the government need not heart burn that he is paid salary in excess of he that is entitled. But the question is whether the writ petitioner can be directed by this court to be regularised. 2. The learned single judge approached the question in a different angle admitting to give a prospective interpretation to the Government Order. There cannot be any doubt also that G.O.501/2005 is in departure of of the normal rules, intending to redress the pitiable condition of the part time sweeper who is working for so long. Since there is no provision in the Government Order as such for regularising a part time sweeper who admittedly has been drawing the scale around a decade and who is working in a sanctioned post we are afraid that the court is not justified in initiating a positive direction to regularise the petitioner as part-time sweeper. But that does not mean that the Government is powerless. The government will necessarily take into consideration the observation made by judgment under appeal and also observations made by us referring to the factual back ground and pass appropriate orders in accordance with the law, equity and justice. Government will also take into W.A. No.1868 of 2009 3 consideration the position that, in any case, the writ petitioner will have to be retained till the age of superannuation protecting his scale and granting the benefits. So such a situation can also be avoided if the government is at liberty to pass appropriate orders on Ext.P3.For enabling the government to pass appro- priate order as above the appeal is modified to that extent and the writ petition and writ appeal are disposed as above. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn