IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 2817 of 2009(I) ------------------------- PETITIONER(S): --------------- MARY JOSEPH, PART TIME SWEEPER, KUMBALANGI GRAMA PANCHAYAT, KUMBALANGI.P.O, ERNAKULAM. BY ADV. SRI.P.M.BENZIR SRI.G.G.MANOJ SRI.JAICE JACOB SMT.LAKSHMI RAVINDRANATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, ERNAKULAM OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS, ERNAKULAM. 4. KUMBALANGI GRAMA PANCHAYAT,KUMBALANGI.PO ERNAKULAM, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY G.P. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2817 of 2009-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT The petitioner, a Part-time sweeper working under the 4th respondent, is seeking for regularisation as per G.O.(P) NO.501/2005/Fin. dated 25.11.2005. The Panchayat originally appointed her in the year 1987. She had been continuing as such also. The issue arises in the light of the binding judgment of this court in Mercy v. State of Kerala (2004 (2) KLT 848) which is confirmed in Writ Appeal. The Government subsequently framed a scheme for regularisation of part-time sweepers as per the Government Order mentioned above. Various benefits have been conferred on the part-time sweepers who are entitled for regularisation based on the said Order. Going by the scheme framed by the Government, after the sweeping area is measured, a certificate along with the application, etc. have to be forwarded to the Government for the purpose of creating a post and to regularise the part-time sweeper concerned if the said employee fulfills the conditions provided therein. By subsequent Government Order the scheme has been made applicable to Part-time sweepers of the Panchayats. Ext.P2 is the judgment dated 14.2.2006 in a writ petition filed by the petitioner WPC 2817/2009 2 wherein the petitioner was directed to be reinstated in service, in view of the wrong termination. Ultimately, it was directed that the respondents will take up the issue of regularising her services in the light of the Government Order dated 25.11.2005 and once orders of regularisation are passed, necessary consequential orders shall be passed releasing the arrears of salary due to the petitioner for the period during which she had worked. 2. The submission of the learned counsel for the petitioner is that the sweeping area certificate has been already forwarded by the Panchayat along with their recommendation, to the third respondent Deputy Director of Panchayats. This is evidenced by Ext.P6. Therefore, what remains to be done is to forward the same by the Deputy Director to the Government through proper channel along with the reports, if any, etc. 3. In the result, the writ petition is disposed of directing the third respondent to forward the application along with other documents concerning the petitioner for regularisation, to the first respondent within a period of three weeks from the date of receipt of a copy of this judgment. The first respondent will pass appropriate orders in accordance with the provisions of the Government Order dated 25.11.2005, within a further WPC 2817/2009 3 period of two months thereafter. The arrears of wages due to the petitioner will also be disbursed without further delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/