IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25024 of 2009(W) --------------------------------------- PETITIONER: ------------------- SUBRAMANIAN.A, S/O.ANDY, KOYASSAMPARAMBIL, OZHUR POST, MALAPPURAM DISTRICT. BY ADV. MR.C.M.MOHAMMED IQUABAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF AGRICULTURE. 2. DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. 3. PRINCIPAL AGRICULTURAL OFFICER, MALAPPURAM. 4. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, OZHUR, MALAPPURAM DISTRICT. R1 TO R4 SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.25024 of 2009 ---------------------------------------- Dated 28th August, 2009 JUDGMENT Heard Sri.C.M.Mohammed Iquabal, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is presently working as Part-time Casual Sweeper in the office of the fourth respondent. He claims that he was in service prior to the issuance of G.O.(P)No.501/2005/Fin. dated 25.11.2205 and that after the said Government order was issued, he had moved the respondents to regularize him in service by creating a post of Part-time Contingent Sweeper. He also contends that the sweeping area of the fourth respondent's office is more than 100 m2 and therefore he is entitled to such regularization. The petitioner's grievance is that though the said application was forwarded by the fourth respondent along with Ext.P2 report to the third respondent and the application was re-submitted for curing defects in January, 2009, even before orders could be passed on the said application, the Director of Agriculture has issued Ext.P6 letter to the effect that the last date of submission of applications to create the post of Part-time Contingent Sweeper and to regularize Casual Sweepers in service was WP(C).No.25024/2009 2 31.12.2008 and therefore fresh proposals to create the post of Part- time Contingent Sweeper and to regularize existing Casual Sweepers should not be forwarded to the said officer. The petitioner submits that in view of Ext.P6 direction, the application submitted by him is not likely to be entertained. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to consider his application for regularization without reference to Ext.P6. 3. A reading of the writ petition discloses that the apprehension entertained by the petitioner is that his application for regularisation in service by creating a post of Part-time Contingent Sweeper will not be considered on the merits in view of the stand taken by the Director of Agriculture in Ext.P6 letter. In Ext.P6, the Director of Agriculture has proceeded on the basis that the last date for submission of proposals to create the post of Part-time Contingent Sweeper for the purpose of regularization of Casual Sweepers is 31.12.2008. In my opinion, Ext.P6 cannot any longer govern the field for the reason that the Government have by Circular No.64/2009/Fin. dated 4.8.2009 extended the time limit for submission of proposals to create the post of Part-time Contingent Sweeper for the purpose of regularization of Casual Sweepers till 31.12.2009. In my opinion, in view of the directions issued by the Government in the circular dated WP(C).No.25024/2009 3 4.8.2009, Ext.P6 cannot stand in the way of the petitioner's application for regularization being considered in the light of the stipulations in G.O.(P)No.501/2005/Fin. dated 25.11.2005. I accordingly dispose of this writ petition with a direction to the respondents to pass orders on the request made by the petitioner to regularise him in service by creating a post of Part-time Contingent Sweeper in the office of the fourth respondent expeditiously and in any event within four months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Agriculture Department. P.N.RAVINDRAN Judge TKS