IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29623 of 2009(W) -------------------------- PETITIONER(S): --------------- P.BHARATHY, W/O. K.GENESHAN, PART-TIME SWEEPER, OFFICE OF THE ASSISTANT DIRECTOR (RE-SURVEY), KASARAGOD. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS, DIRECTORATE OF SURVEY, THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR (RE-SURVEY), OFFICE OF THE ASSISTANT DIRECTOR, (RE-SURVEY), KASARAGOD. 4. SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 29623 OF 2009 (W) -------------------------------------------------- Dated this the 20th day of October, 2009 J U D G M E N T Petitioner is a Part Time Sweeper. The request made by the Petitioner for regularization was rejected by Ext.P3 order passed by the 2nd respondent on the ground that the benefit of the Government Order is not applicable to temporary establishments. However it is seen that a similar contention has been rejected by this court in the judgment in WP(c).No.10774/08, a copy of which is Ext.P5. In the light of Ext.P5 the reasoning in Ext.P3 cannot be accepted. Therefore, Ext.P3 is set aside. 2. In view of the above, it is directed that it will be open to the petitioner to file an appropriate application to the 2nd respondent in which event it is directed that the 2nd respondent shall make necessary proposal to the first respondent to dealing with the petitioner's claim in the light of judgment in WP(c).No.10774/08. Petitioner shall produce a copy of the judgment before the 2nd respondent along with a copy of this writ petition for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC /09 :2 :