IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34739 of 2008() ------------------------------------ PETITIONER(S): ---------------------- T.VALSALA, PEON, REVENUE SECTION, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): ------------------------- 1. THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT (EU), DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THEMAYOR, THE CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 3. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34739 of 2008 ------------------------------- Dated this the 25th November, 2008. J U D G M E N T Heard Sri.V.Premchand, the learned counsel appearing for the petitioner, Sri.P.K.Manoj Kumar, the learned Standing Counsel appearing for the Thiruvananthapuram Corporation and Smt.Anu Sivaraman, the learned Government Pleader appearing for the official respondents. 2. The petitioner's husband was an employee of the Thiruvananthapuram Corporation. He died while in service on 7.4.1995. The petitioner applied for appointment under the dying-in-harness scheme. By Ext.P1 order dated 29.11.1996, the Government directed the Corporation of Thiruvananthapuram to appoint the petitioner at the earliest, subject to availability of vacancies. The Thiruvananthapuram Corporation thereupon issued Ext.P2 letter dated 16.10.1997 appointing the petitioner as Contingent Sweeper. Pursuant to Ext.P2, the petitioner joined duty on 23.10.1997. While the petitioner was working as W.P.(C) No.34739/2008 2 Contingent Sweeper, she was appointed as Peon with effect from 25.3.2002. As a Peon, she will have to retire from service on attaining the age of 55 years. On noting the above, the petitioner moved for change of category and that request was declined by the Government by Ext.P4 letter dated 3.12.2007. 3. Long thereafter, the petitioner moved the Secretary to Government, Local Self Government Department, by Ext. P5 representation dated 27.12.2007. The Secretary of the Thiruvananthapuram Corporation thereafter sent Ext.P6 letter to the Secretary to Government stating that in view of Ext.P4, the Municipality has taken a decision not to consider the petitioner's request. In this writ petition, the petitioner challenges Exts.P4 and P6 and prays for a direction to the respondents to shift the petitioner from the last grade post to the contingent post, in terms of Ext.P2. W.P.(C) No.34739/2008 3 4. I have considered the submissions made at the Bar by the learned counsel on either side. Admittedly, the petitioner was given employment under the dying-in-harness scheme. Pursuant to the direction issued by the Government in Ext.P1, she was initially appointed as Contingent Sweeper. Later, in the year 2002, she was appointed as Peon. She did not object to her appointment as Peon till November 2007. In November, 2007, she applied for change of category and to post her as Contingent Sweeper . That request was declined as per Ext.P4 letter dated 3.12.2007. The petitioner did not challenge Ext.P4 in time. In my considered opinion, the challenge made by the petitioner to Ext.P4 is highly belated. There is also no explanation from the petitioner for the delay in challenging Ext.P4. The petitioner is due to retire from service on 30.11.2008. The petitioner has no case that her appointment as Peon was made without informing her of the consequences W.P.(C) No.34739/2008 4 following such appointment. She has also no case that she was appointed as Peon against her consent. In these circumstances, the reliefs prayed for by the petitioner in this writ petition cannot be granted. The Writ Petition fails and it is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.