IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 30731 of 2007(H) -------------------------- PETITIONER(S): --------------- 1. R.C.ASOK KUMAR, PART TIME CASUAL SWEEPER, KRISHI BHAVAN, KULATHUR, UCHAKARA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DIST. 2. V.THANKAMANI, PART TIME CASUAL SWEEPER, KRISHI BHAVAN, NEMAM, NEMAM P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, THIRUVANANTHAPURAM 4. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADERMR.P.NANDAKUMAR “Address of the 3rd respondent is corrected by deleting the word “Pathanamthitta” and adding the word “Thiruvananthapuram” as per order dated 3.6.2008 in I.A.No.6425/2008.” THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30731 of 2007 :2: A P P E N D I X PETITIONER'S EXHIBIT:- 1. EXT.P1: Copy of the judgment dated 11.7.2003 in WP(C) No.11985/03 2. EXT.P2: Copy of the judgment dated 12.11.2003 in W.P(C) No.35651/03 3. EXT.P3: Copy of the judgment dated 6.7.2004 in W.P(C) No.19737/2004 4. EXT.P4: Copy of the letter dated 27.6.2007 issued by the 2nd respondent 5. EXT.P5: Copy of G.O(P) 501/2005 dated 25.11.2005 6. EXT.P6: Copy of the letter dated 21.8.2007 7. EXT.P7: Copy of G.O(Ms) No.129/07/AD dated 1.8.2007 8. EXT.P8: Copy of the circular dated 5.7.2007 9. EXT.P9: Copy of the sweeping area certificate dated 1.8.1996 10. EXT.P10: Copy of the certificate dated 11.1.2006 RESPONDENTS EXHIBIT:- 1. EXT.R2(a): Copy of the letter No.10138/AF3/07/Agri dated 27.6.07 2. EXT.R2(b): Copy of the GO(Ms.) No.118/07/AD dated 17.7.2007 3. EXT.R2(c): Copy of the GO(Ms.) No.129/07/AD dated 1.8.2007 //True Copy// P.A to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.30731 of 2007 ------------------------------------ Dated this the 18th day of August 2010 J U D G M E N T Petitioners are part time sweepers, working in the Krishi Bhavan, Kulathur and Nemom in Thiruvananthapuram District. Aggrieved by Exts.P4 and P6, on the basis of which according to them, there was a proposal for reducing their wages and to recover the amount already paid to them. Ext.P5 is the copy of the Government Order G.O.(P) 501/2005 dated 25.11.2005. A reading of the various provisions contained in the Government Order shows that even if the sweeping area is subsequently reduced to less than 100 sq.mts, the part time sweepers are entitled to have pay protection. Therefore, there could not have been reduction in the amount payable to the petitioners as wages, so long as the provisions of the W.P.(C) No.30731 of 2007 -: 2 :- Government Order referred above remained in force. 2. Therefore, Ext.P6 is liable to be set aside and respondents are directed to pay salary as was being paid along with the revisions, on the basis of Exts.P1 and P2 judgments. Needless to say recovery of any amount already paid will be effected from the amount payable. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt