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 RP.No. 673 of 2010(M) --------------------- ( AGAINST THE JUDGEMENT IN WPC.9369/2009 Dated 24/03/2009) .................... REVIEW PETITIONERS/RESPONDENTS 1 TO 4 ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, (ADMINISTRATION), PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM. 4. THE ASSISTANT ENGINEER, PWD ROADS SECTION, PARASSALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD RESPONDENT/ PETITIONER -------------------------------------- P.CHANDRIKA, MATHRAKKA VILA VEEDU, MURIYANKARA, PARASSALA P.O., THIRUVANANTHAPURAM. (PART TIME SWEEPER, PWD ROADS SECTION, PARASSALA, THIRUVANANTHAPURAM. BY ADV. SRI.B.RAGUNATHAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/01/2011, ALONG WITH COC NO. 461 OF 2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK T.R. RAMACHANDRAN NAIR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Review Petition No.673 of 2010 & Cont.Case(C) No.461 of 2010 in W.P.(C)No. 9369 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011 O R D E R The review petitioners are the respondents in the writ petition. 2. The petitioner has filed the contempt case aggrieved by the delay in implementing the judgment in WP(C) No. 9369/2009 by granting regularisation of the petitioner from 18.6.2001 as part-time sweeper. 3. Pursuant to the judgment produced as Annexure II in the contempt case, the Government have passed an order to sanction and regularise the service of the writ petitioner from 1.4.2004. It is pointed out by the review petitioners that the petitioner in the writ petition is not entitled for getting regularisation from 18.6.2001. It is pointed out that while considering the claims for regularisation, details from the office of the Assistant Engineer, PWD Roads Section, Parassala were verified and accordingly, it was found that the RP NO.673 & CCC No.461/2010. : 2 : petitioner was entitled for regularisation from April, 2004 onwards. The petitioner disputes the same. 4. Along with the additional affidavit, various documents have been produced in support of the case that the petitioner and Smt.Ramani were working in the office on alternative months from 1.1.2001 to 31.03.2004. Thereafter petitioner continued as part-time sweeper in the 4th respondent's office. Ext.A1 series are the receipts issued showing the payment of wages to the petitioner and Smt.Ramani from 1.1.2001 to 31.3.2004. 5. The learned counsel for the petitioner submitted that the way in which the receipts are seen issued will show that they have not been prepared correctly. But, with regard to the said plea, no other contra materials have been made available by the writ petitioner also. Therefore, it cannot be said that the review petitioners have adopted the said stand without any justification. Since the documents produced are from the custody of the officials, there is no reason to doubt the genuineness of the same also. There is therefore an apparent error in the judgment. RP NO.673 & CCC No.461/2010. : 3 : 6. In that view of the matter, the directions in the judgment to regularise the petitioner from 18.6.2001 is modified. The petitioner will be entitled for regularisation from 1.4.2004 as ordered now by the order dated 31.3.2010. The review petition is allowed to that extent. Cont. Case(C) No. 461/2010 As the respondents have passed Annexure II order, no further orders are called for. The learned counsel for the petitioner prayed that the arrears from 1.4.2004 may be directed to be disbursed to the petitioner without delay. The amount will be quantified and disbursed to the petitioner, less the amount already paid, within a period of six weeks. The CC(C) is accordingly closed. (T.R. RAMACHANDRAN NAIR, JUDGE) jma