IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 10887 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ 1. SAKUNTHALA.O.S,. KOCHIDAPARAMBIL HOUSE, POOZHICKOL POST OFFICE, APPANCHIRA, VAIKOM, KOTTAYAM DISTRICT. 2. A.V. SUMATHY, VALALITHARA, EAST GATE, VAIKOM POST OFFICE, VAIKOM, KOTTAYAM DISTRICT. 3. LALITHA.K.K, VETTUTHARAYIL HOUSE, KILIYATTUNADA, VAIKOM POST OFFICE, VAIKOM, KOTTAYAM DISTRICT. 4. GIRIJA.A, KOPPARAMBU, CHALAPPARAMBU, VAIKOM POST OFFICE, VAIKOM, KOTTAYAM DISTRICT. 5. REMANI.D, MANAKKATTU THAZHACHAYIL, THALAYOLAPARAMBU POST OFFICE, THALAYOLAPARAMBU, VAIKOM, KOTTAYAM DISTRICT. 6. JAYANTHY.P.R, KACHERITHARA, VAIKOM POST OFFICE, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN CODE - 695 001. sts 2/- -2- WP(C)NO.10887/2011 2. VAIKOM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, OFFICE OF THE VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN CODE - 686 141. 3. THE SUPERINTENDENT, COMMUNITY HEALTH CENTRE, VAIKOM, KOTTAYAM DISTRICT, PIN CODE - 686 141. R1 & R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R2 BY ADV.SRI. GEORGE .K.VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.10887/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE DATED 16/5/2002 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT. P2 COPY OF THE CERTIFICATE DATED 10/09/2006 ISSUED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT. P3 COPY OF THE CERTIFICATE DATED 10/09/2006 ISSUED TO THE 3RD PETITIONER BY THE 3RD RESPONDENT. P4 COPY OF THE CERTIFICATE DATED 10/09/2006 ISSUED TO THE 4TH PETITIONER BY THE 3RD RESPONDENT. P5 COPY OF THE CERTIFICATE DATED 10/09/2006 ISSUED TO THE 5TH PETITIONER BY THE 3RD RESP. P6 COPY OF THE CERTIFICATE DATED 10/09/2006 ISSUED TO THE 6TH PETITIONER BY THE 3RD RESPONDENT. P7 COPY OF THE REPRESENTATION DATED 31/10/99 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P8 COPY OF THE REPRESENTATION DATED 23/11/99 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. P9 COPY OF THE REPRESENTATION DATED 18/5/2004 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P10 COPY OF THE G.O.(P)NO.501/2005/FIN. DATED 25/11/2005 ISSUED BY THE GOVERNMENT. P11 COPY OF THE REPRESENTATION DATED 30/1/2006 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P12 COPY OF THE G.O.(P)NO.61/2010/FIN DATED 9/2/2010 ISSUED BY THE GOVERNMENT. P13 COPY OF THE REPRESENTATION DATED 4/4/2010 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND AND 3RD RESPONDENTS. P14 COPY OF THE REPRESENTATION DATED 22/9/2010 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.10887 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2011 J U D G M E N T The petitioners are Part-time Sweepers working in the Community Health Centre, Vaikom manged by the 2nd respondent - Municipality. According to them, they are entitled to regularization in service in accordance with Exts.P10 & P12 Government orders. The petitioners' grievance is that, the petitioners are not being regularized in service in accordance with the said Government orders applicable. The petitioners therefore seek the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to regularize the service of the petitioners as Sweepers, in the light of Exhibit.P12 order of the Government, forthwith; ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 and 3 to consider and dispose of Exhibit.P13 representation, forthwith, in the light of Exhibit.P12 order of the Government. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Exhibit.P14 representation, forthwith, in the light of Exhibit.P12 order;” W.P.(C)No.10887 of 2011 -2- 2. The learned standing counsel for the Municipality submits that the Municipality cannot, on its own, take a decision in the matter, since the Community Health Centres are not institutions, though public, maintained exclusively out of Municipality funds but are maintained out of Government funds. Therefore without the sanction of the Government, the Municipality cannot regularise the service of the petitioners, is the contention raised. 3. I have considered the rival contentions in detail. 4. In W.P. (C) No.8105/2011, I had considered the case of similarly placed petitioners in other Community Health Centres run by the 2nd respondent itself. That judgment reads as follows: “The petitioners are Part Time daily wage Sweepers of the 3rd respondent Community Health Centre, Vaikom, which is being managed by the 2nd respondent Vaikom Municipality in accordance with the powers vested in them under the Kerala Municipality Act. According to them, being in service with effect from 1997, they are entitled to be regularised in service in accordance with Ext.P7 Government Order as explained by Ext.P9 order on the subject. The petitioners' grievance is that the Municipality is not taking steps to regularise their services in accordance with the Government Orders. Originally, the learned Standing Counsel for the Municipality submitted that under the Government Orders, it is not the Municipality to decide the creation of posts for regularisation of services of the existing Sweepers and it is for the Government to do so. Therefore, according to them, they are helpless in the matter. W.P.(C)No.10887 of 2011 -3- But, I specifically directed the learned Standing Counsel for the Municipality to get instructions as to whether it is not for the Municipality to first forward the proposal for creation of the post of Part Time Sweepers in accordance with the Government Order and recommend regularisation of the existing Part Time Sweepers. The learned Standing Counsel for the Municipality now submits that they realise that it is their duty to do so. 2. In the above circumstances, this writ petition is disposed of with the following directions: The Municipality shall forward proposals for creation of regular Part Time Sweepers' posts, for doing the job being done by the petitioners in accordance with Exts.P7 and P9 Government orders, to the Government with their recommendation regarding regularisation of the petitioners as existing Part Time Sweepers, if they come within the purview of Exts.P7 and P9 Government orders. This shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. On receipt of the same, the 1st respondent shall consider the same in accordance with Exts.P7 and P9 Government orders and pass appropriate orders thereon, as expeditiously as possible, at any rate, within three months therefrom.” Exts.P7 & P9 Government orders referred to therein are Exts.P10 & P12 produced in this writ petition. In the above circumstances, this writ petition is also disposed of in terms of that judgment. The time limit prescribed therein shall be correspondingly with effect from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/