IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 11936 of 2010(N) -------------------------- PETITIONER(S): ---------------------- BINDU.T., W/O.PARAMESWARAN, PART-TIME SWEEPER (ON FIXED REMUNERATION), P.W.D. REST HOUSE, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.V.K.SATHYANATHAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING SECTION, TIRUR, MALAPPURAM DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING SUB DIVISION, PARAPPANANGADY, MALAPPURAM DISTRICT. 5. THE EXECUTIVE ENGINEER, P.W.D. BUILDING DIVISION, MALAPPURAM. 6. THE SECRETARY TO THE GOVT., DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) No.11936 of 2010 ~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July 2010 J U D G M E N T Petitioner submits that she is working as a Part-time Sweeper in the Government Rest House, Tirur since 1.9.2001. She has two grievances. First is that her claim for regularization on the basis of the G.O.(P) No.501/2005/Fin. dated 25.11.2005 is pending consideration and that orders are delayed. Second is that she has not been paid salary with the admissible revisions. 2. In so far as her claim for regularization is concerned, according to the petitioner, the sweeping area is much more than 100 sq.mtrs. and therefore, the proposal for regularization of her service has already been made. However, without passing orders in the light of the G.O.(P) No.501/2005/Fin. dated 25.11.2005, the government further W.P.(C) No.11936 of 2010 -: 2 :- sought clarification as per Ext.P3 and as a result of it, the matter is still pending without any orders. 3. If a measurement of the sweeping area has been made and the same is found to be more than 100 sq.mtrs. or 400 sq.mtrs. as the case may be, she is entitled to have the service regularized as per the provisions contained in the G.O. referred on above. Therefore, the clarification sought for, for furnishing the copy of the G.O. mentioned therein is unnecessay and what is required is that the 1st respondent should consider the proposal for regularization of the petitioner in terms of the provisions contained in the G.O. Now that proposal has already been submitted to the 1st respondent, it is directed that the 1st respondent shall pass orders on proposal submitted for regularization of the petitioner's service. This shall be done as expeditiously as possible, at any rate, within 3 months from the date of production of a copy of this judgment. 4. In the meanwhile, so far as the claim for the W.P.(C) No.11936 of 2010 -: 3 :- petitioner for payment of salary as admissible with arrears is concerned, the 2nd respondent is directed to take necessary steps for disbursing the salary as admissible along with arrears. This shall be done as expeditiously as possible, at any rate, within 6 weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt