IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 31714 of 2005(T) --------------------------------------- PETITIONER(S): ----------------------- T.P.FATHIMA, PART TIME SWEEPER, PUTHUPPADI VILLAGE OFFICE, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, O/O.THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOZHIKODE. 4. THE TAHSILDAR, KOZHIKODE. R1 TO R4 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE DAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31714/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10/10/2003. P2 COPY OF THE JUDGMENT IN WP(C)NO.35354/2003 DATED 11/11/2003 . P3 CPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 23/8/2004. P4 COPY OF THE LETTER NO.F1.23724/03 DATED 23/9/2004. P5 COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER DATED 20/10/2005. P6 COPY OF THE ACKNOWLEDGEMENT SHOWING THAT THE RECEIPT OF EXHIBIT- P5. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31714/2005-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of January, 2011 J U D G M E N T The short question that arises for consideration herein is with regard to the entitlement of the petitioner for regularisation as part-time Sweeper. 2. The petitioner was appointed as a part-time Sweeper in December 1980 and at present she is getting Rs.600/- per month. The petitioner is working as such in Puthuppadi Village Office, Kozhikode. According to the petitioner, the sweeping area in the village office is 240 Sq.mts. Ext.P1 is the representation filed by the petitioner before the first respondent Government in the matter and, by Ext.P2 Judgment, this Court directed the representation to be considered. Since delay occurred further in the matter, the petitioner sent a lawyer notice to which Ext.P4 reply was given by the Tahsildar. Going by Ext.P4, a clarification has been sought for from the District Collector. But nothing materialised thereafter and the petitioner again sent a lawyer notice as per Ext.P5 and approached this Court by filing this writ petition seeking for W.P.(C). No.31714/2005 -:2:- appropriate directions to respondents to render the benefit to the petitioner in terms of the Government Order G.O.(P).No.501/2005/Fin, dated 25/11/2005 for regularisation in service. 3. The first respondent has filed a counter affidavit in the matter. It is submitted that the sweeping area is only 58.17 Sq.Mts. as per the report of the Assistant Engineer, P.W.D Buildings Division, Section II, Kozhikode. 4. The learned counsel for the petitioner submitted that this Court in Mercy v. State of Kerala [2004 (2) KLT 848] held that the clarification regarding sweeping area can apply only to those part- time sweepers/casual sweepers employed after the clarification dated 06/10/2003. The above Judgment was subject matter of appeal before the Division Bench, which was disposed of by Judgment dated 12/08/2005 in W.A.No.1863/2004 and connected matters. It is pointed out that the Division Bench while disposing of the appeals in paragraph (18) directed that the Head of office and Head of the Department or even District W.P.(C). No.31714/2005 -:3:- Collector concerned shall, in cases where sweeping area is disputed, fix the actual sweeping area by causing actual measurement with notice to the incumbents concerned in their presence. It is pointed out that herein no measurement was carried out in the presence of the petitioner and with notice to her. Apart from that even though in Ext.P2 Judgment this Court directed the competent authority to take a decision, it does not appear that a decision was taken by the Government after considering various aspects. I find much force in the above submission. In that view of the matter, Ext.P4 is set aside. 5. The petitioner will be issued a notice for measuring the sweeping area. The petitioner can raise all contentions by way of representation before the Tahsildar. The area will be measured by the competent authority who is entrusted with the task of measurement of sweeping area and the certificate issued by the said authority along with application (Ext.P1) made by the petitioner will be forwarded to the Government to take a decision in the matter. It is open to the petitioner W.P.(C). No.31714/2005 -:4:- to file a further representation detailing all facts, for consideration by the Government. Appropriate decision will be taken by the Government thereafter. Since this is an old matter, orders will be passed by the Government within a period of six months. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms