IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2569 of 2009(E) ------------------------- PETITIONER(S): --------------- RUGMINI.N.T, CASUAL SWEEPER IN THE OFFICE OF THE DEPUTY DIRECTOR AND ASSISTANT DIRECTOR,COASTAL ENGINEERING SECTION,MINI CIVIL STATION,THRIPUNITHURA RESIDING AT PARAKKAT HOUSE, POONITHURA, THRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.C.S.YESUDAS SRI.PAUL C THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,WATER RESOURCES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION DEPARTMENT,THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR, COASTAL ENGINEERING FIELD STUDIES, THRISSUR. 4. THE DEPUTY DIRECTOR,COASTAL ENGINEERING SECTION,MINI CIVIL STATION, THRIPUNITHURA. 5. THE ASSISTANT DIRECTOR,COASTAL ENGINEERING SECTION, MINI CIVIL STATION, THRIPUNITHURA. 6. THE ASSISTANT ENGINEER,P.W.D.(BUILDING SECTION), ERNAKULAM. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2569/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2009 J U D G M E N T The petitioner who is working as a casual sweeper in the office of the fourth respondent is seeking for the benefits of G.O.(P). No.501/2005/Fin dated 25/11/2005, produced as Ext.P3 herein. 2. She was appointed on 01/11/1993 as a part time casual sweeper. Initially, she was being paid 110 per month. When the scheme for regularisation was framed, she filed an application seeking regularisation. Ext.P2 shows that the Assistant Director, Coastal Engineering Section, Ernakulam forwarded the details of the petitioner to the Deputy Director for taking appropriate action in the matter. The petitioner states that the Deputy Director Coastal Engineering Sub Division, Tripunithura namely, the fourth respondent as per his letter dated 25/01/2006 has forwarded the sweeping area calculations to the Joint Director, Coastal Engineering Field Studies, Thrissur, the third respondent, for the creation of post of part time contingent sweeper in the office of the fifth respondent, which is evidenced by Exts.P4, P4(a) and P4(b). It was returned with an instruction to forward the sweeping area certificate in the proforma along with the rough sketch of the area. This was responded by Ext.P5. The Assistant Engineer, P.W.D W.P.(C) No.2569/2009 -:2:- Building Section, Ernakulam, as per Exts.P6(a) and P6(b) forwarded the sweeping area certificate to the fourth respondent showing only 93.06 sq mts. This was not in accordance with the guidelines, contends the petitioner. By Ext.P7 Government Order, certain clarifications have been issued as regards measurements to be made while reckoning the sweeping area for the purpose of regularisation. This clarification has been issued in relation to para (1) of the Appendix of Ext.P3 Government Order. The portion of the staircase, veranda and toilet which ought to have been included along with other components were omitted by the sixth respondent which resulted in the calculation of the sweeping area below 100 sq mts. 3. The petitioner therefore, submitted Ext.P9 representation before the fourth respondent to correct the same and for taking steps in the matter of regularisation of employment. It appears that the matter was being considered by different authorities. 4. Today when the matter came up for hearing, the learned counsel for the petitioner has filed I.A.No.1424/2009 producing the sweeping area certificate issued by the Assistant Engineer, Building Section, Ernakulam as Ext.P13, which shows that the total sweeping area comes to 108.01 sq mts. W.P.(C) No.2569/2009 -:3:- 5. In the light of the above, whatever objection in the matter has now been overruled and the re-verification of the sweeping area clearly favours the petitioner. 6. In that view of the matter, the respondents 2 to 5 are hereby directed to take appropriate action as contemplated in Ext.P3 Government Order and to forward the sweeping area certificate in the proforma along with the rough sketch of the area etc. to the first respondent for creating the post of part time sweeper and for considering the grant of benefits to the petitioner as envisaged in Ext.P3 Government Order. The same shall be done within a period of one month from the date of receipt of the copy of this judgment. The first respondent will pass appropriate orders within a further period of two months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms