IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 13725 of 2009(I) ------------------------------------- PETITIONER(S): ---------------------- M.K. LALIKUTTY, PART TIME CASUAL SWEEPER, GOVERNMENT HOMEO DISPENSARY, PAZHAYARIKANDOM, IDUKKI DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMEOPATHY, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER,THODUPUZHA, IDUKKI DISTRICT. 4. THE MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY, PAZHAYARIKANDOM, PAZHAYARIKANDOM P.O, IDUKKI DISTRICT. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 13725 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of May, 2009 JUDGMENT The petitioner is presently working as Part-time Casual Sweeper in the office of the fourth respondent. She claimed regularization in service and thereafter, moved this Court by filing W.P.(C) No.25886 of 2008. By Ext.P1 judgment delivered on 16.09.2008 this Court disposed of that writ petition with a direction to the Government to consider whether the petitioner is entitled to regularization on the terms of G.O.(P) No. 501/2005/Fin. dated 25.11.2005. The Government thereafter passed Ext.P2 order dated 21.2.2009 holding that petitioner is not entitled to regularization for the reason that her engagement was through the local Kudumbasree unit. Ext.P2 is under challenge in this writ petition. 2. Paragraph 13 of G.O (P) No.501/2005/Fin. dated 25-11-2005 reads as follows: “13. Part-time contingent sweepers will be employed in new offices and also against arising vacancies in future, only in accordance W.P.(C) No. 13725/09 2 with the rules i.e., after getting the names from the Employment Exchange. Under no circumstances will any person be engaged otherwise than through Employment Exchange. If there is delay in making such postings, the vacancies can be filled up for two months only, through a contract with the local kudumbasree Society. As the sweeping work requires only 1 to 2 hours of work a day, the Society shall be paid @ Rs.4 per sq. mtrs. plus Rs.250 as monthly remuneration, subject to the condition that the total monthly payment shall not be less than Rs.600. It is reiterated that the payment will be made to the society and not the individual.” Ext.P2 discloses that petitioner was engaged on 01.12.2005, after the Government order dated 25-11-2005 was issued. On the terms of paragraph 13 of the Government order dated 25-11-2005, the petitioner cannot claim regularization in service. The petitioner is not a casual sweeper who was in service on the date on which the Government order dated 25.11.2005 was issued. She was appointed only on 01.12.2005 through the local Kudumbhasree unit. The Government order dated 25.11.2005 does not contemplate regularization of Part-time Casual Sweepers appointed through local Kudumbhasree W.P.(C) No. 13725/09 3 units after the Government order dated 25.11.2008 was issued. Therefore, the stand taken by the Government cannot be faulted. The petitioner does not, in my opinion, have a right to be regularized in service. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.