IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 1416 of 2008(R) ------------------------------------- PETITIONER: ------------------- K.RADHAMANI, W/O. CHANDRAN, PART - TIME SWEEPER, NILAMEL GRAMA PANCHAYAT, NILAMEL P.O., KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYAT, CIVIL STATION, KOLLAM. 4. NILAMEL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NILAMEL P.O., KOLLAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR, R4 BY ADV. SRI. ALEXANDER GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1416/2008-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 09/09/2005IN W.P.(C).NO.24397/2004. EXT.P.2: COPY OF THE G.O.(P).501/2005/FIN. DT. 25/11/2005. EXT.P.3: COPY OF THE LETTER NO. 6438/H2/06/LSD DT. 06/05/2006 ISSUED BY THE GOVERNMENT. EXT.P.4: COPY OF THE LETTER NO.A1/424/04 DT. 16/01/2007. EXT.P.4.A: COPY OF THE DECISION OF GRAMA PANCHAYAT DT. 28/12/2006. EXT.P.5: COPY OF THE ORDER NO. E9-17082/07 DT. 20/07/2007. EXT.P.6: COPY OF THE JUDGEMENT DTD. 12/08/2005IN W.A. NO.1147/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 1416 of 2008 --------------------------------------------------- Dated this the 14th day of January, 2009 JUDGMENT The petitioner is seeking for regularisation as Part-time Sweeper with regular scale of pay with arrears of salary with effect from a date prior to the date of Ext.P1 judgment i.e., with effect from 9.9.2002. The necessary facts for disposal of the case are following: 2. She has been working as Part-time Sweeper on daily wages, under the 4th respondent Panchayath from 4.12.1998. The sweeping area is more than 400 meter square and therefore, she was entitled for a regular scale of pay as applicable to regular Part-time Sweepers. This aspect was considered by this Court in Ext.P1 judgment in which the petitioner herein was the petitioner. The issue was considered in the light of the directions contained in an earlier judgment disposing of a batch of Writ Appeals. This Court after considering the effect on G.O.(P) No.3002/1998/Fin. dated 25.11.1998 and G.O.(P) No.361/2005/Fin. dtd.2.8.2005 held that the right of the petitioners to continue in service and their claim for pay and allowances will be governed by the observations and directions as applicable to the respective categories among the petitioners in the writ petitions. 3. Ext.P2 G.O.(P) No.501/2005/Fin. dtd.25.11.2005 adopted modified guidelines and Ext.P3 Government Letter clarified that the same applies to the casual sweepers appointed in Panchayats. This is wpc:1416 of 2008 2 made clear in the last paragraph of Ext.P3. The Panchayat as per Ext.P4 recommended the petitioner's case for regularisation. By Ext.P5 the same was rejected by the Director of Panchayat without referring to the various Government orders and binding directions of this Court. It was held by the Director of Panchayat that relevant Government orders namely G.O.(P) No.501/2005/Fin. dtd.25.11.2005 does not apply in the case of the petitioner for regularisation. This is patently wrong. Going by Exts.P2 and P3 she is entitled for the benefit of regularisation. In paragraph 4 of the counter affidavit filed by the second respondent it is stated that the appointment of casual sweepers who have been working in Grama Panchayats can be regularised only by Government in accordance with the provisions of this G.O.(P) No.501/2005/Fin. dated 25.11.2005. It is also stated in Government Letter No.6438/H2/2006/LSGD dated 6.5.2006 (Ext.P3) that the Grama Panchayat should take the steps to regularise the casual sweepers strictly following the Guidelines in the Government order dated 25.11.2005. For this purpose, the Government Order contains an Annexure Application to be submitted to Government for creation of post of Part -time Contingent Sweeper. Even though the second respondent has stated in the counter that the scheme may not apply to the petitioner, this is wrong. The distinction sought to be drawn, by relying upon the payment of wages on daily basis is not correct. There is no such stipulation in Ext.P3. wpc:1416 of 2008 3 4. Ext.P5 is therefore quashed. There will be a direction to the second respondent to forward the application and other materials produced along with it, 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 take appropriate decision for regularisation in the light of the above findings and communicate the same to the petitioner and the 4th respondent within a further period of two months. The petitioner will be entitled for arrears of pay which shall be disbursed by the Panchayat. The interim order granted by this Court will continue till final orders are passed and communicated. The Writ Petition is allowed as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps