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. 32593 of 2007(E) -------------------------- PETITIONER(S): --------------- CHANDRAMATHY C., PART TIME CASUAL SWEEPER, KANDALLOOR GRAMA PANCHAYATH, KANDALLOOR P.O., KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATHS, ALAPPUZHA. 4. KANDALLOOR GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, KANDALLOOR GRAMA PANCHAYATH, KANDALLOOR. ADV. SRI.K.HARILAL FOR R4 SRI.R.GOPAN FOR R4 GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32593 of 2007 APPENDIX Petitioner's Exhibit :- Ext.P1 :- Copy of the judgment dated 30.3.2007 in W.P.(C)No.30045/2004. Ext.P2 :- Copy of the order of the Panchayath dated 29.9.2007. Ext.P3 :- Copy of the cheques issued by the Panchayath to the petitioner. Ext.P4 :- Copy of the judgment dated 3.8.2004 in W.P.(C)No.22848/04. Ext.P5 :- Copy of the letter dated 30.5.2006 from Panchayath Deputy Director to the Secretary of Puramattom Grama Panchayath. Ext.P6 :- Copy of the Sweeping Area Certificate issued by Asst.Executive Engineer, PWD, Haripad. Ext.P7 :- Copy of the resolution dated 39.4.2006 passed by Kandalloor Grama Panchayath. Ext.P8 :- Copy of the letter dated 8.5.2006 issued by the respondent No.1 to respondent No.2. Ext.P9 :- Copy of the order dated 1.4.2008 inn W.P.(C)No.26208/07. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.32593 of 2007 ----------------------------------- Dated this the 18th day of August 2010 J U D G M E N T Petitioner submits that she is a Part Time Casual Sweeper under the 4th respondent Panchayath. Initially she moved for regularization and that was turned down by the 2nd respondent as per Ext.P2 proceedings on the ground that petitioner is a daily waged sweeper and therefore she is not eligible for regularization of her services. 2. Relying on Exts.P4 and P5, the learned counsel for the petitioner points out that similarly situated part time sweepers have been granted benefit of regularization. This Court has also come across several instances where daily waged part time sweepers have been granted the benefit of G.O.(P) 501/2005 dated 25.11.2005. Therefore, the stand taken in Ext.P2 cannot be sustained and is quashed. 3. 4th respondent is directed to get the area swept by the W.P.(C) No.32593 of 2007 -: 2 :- petitioner measured as per the guidelines contained in Government Order dated 25.11.2005 and if the sweeping area is more than 100 sq.mts., to make a proposal for creation of a post of part time sweeper and regularization of the petitioner's service. 4. The 4th respondent shall make the proposal for orders before the 2nd respondent within four weeks from today and the 2nd respondent shall place it before the 1st respondent within four weeks thereafter. On receipt of the proposal, 1st respondent is directed to pass final orders within three months. 5. Petitioner shall produce a copy of the judgment before the 4th respondent for compliance. Needless to say, if any arrears payable to the petitioner is still remaining unpaid, the same shall also be paid. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt