IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 25178 of 2007(V) -------------------------- PETITIONER: ------------ K.M. VILASINI, PART TIME CASUAL SWEEPER, KRISHI BHAVAN, PANAMPARA, THENHIPPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, MALAPPURAM. BY SR.GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25178 of 2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE CERTIFICATE DATED 6.3.2006 TOGETHER WITH PLAN EXHIBIT-P2: TRUE COPY OF THE JUDGMENT DATED 8.1.2007 IN WP(C) NO.30886 OF 2006 EXHIBIT-P3: TRUE COPY OF G.O (RT)NO.1001/07/AD DATED 13.6.2007 EXHIBIT-P4: TRUE COPY OF THE LETTER DATED 1.6.2007 EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION DATED 20.7.2007 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No. 25178 of 2008 -------------------------- Dated this the 11th March, 2008 J U D G M E N T Petitioner is a Casual Sweeper working in the Krishi Bhavan at Panampara, Thenhipalam in Malappuram District, stated to be with effect from October 1993. According to the petitioner, sweeping area serviced by her is 104.60 sq.meters, as evidenced by Exhibit P1. By Exhibit P2 judgment, this Court ordered that the grievance of the petitioner and similarly situated persons for parity with Contingent Staff will be taken into account by the Government and an early decision be taken and communicated to them. By Exhibit P3 Government found that petitioner is entitled to continue in service with pay of Rs.600 per month (pre-revised). Government has denied parity with contingent staff. Petitioner has moved the Government again by Exhibit P5 and therefore this writ petition has been filed , inter alia, challenging Exhibit P3. 2. In my view, the issue is to be reconsidered by the Government. Learned counsel for the petitioner refers to Exhibit W.P ( C) No. 25178 of 2008 2 P3, wherein, the Government has stated that the Finance Department in consultation with the Chief Technical Examiner verified the sweeping area of Krishi Bhavan at Thenhipalam and tabulated the same at 90.36 sq.meters, below the reported area of 104.60 sq.meters. The sweeping area is to be determined only in terms of the Appendix to G.O (P) 501/05/Fin. Dated 25.11.2005. If on determination of the same, it is found to be less than 100 sq.metrs the incumbent is entitled to the protection of wages as per Clause 11 of G.O (P) 501/05/Fin. Dated 25.11.2005. These and other aspects have been considered by this Courtin W.P(C) No.19186 of 2005 and connected cases. After having heard the learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the 1st respondent to pass orders on Exhibit P5 in accordance with G.O (P) 501/05/Fin. Dated 25.11.2005 and the observations and findings in W.P(C)No.19186 of 2005 and connected cases, untrammeled by Exhibit P3. Fresh orders shall be passed after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. W.P ( C) No. 25178 of 2008 3 Government shall go by the directions issued by the Division Bench in W.A No. 1863 of 2004 and connected cases in the matter of arrears of wages. (V.GIRI, JUDGE) ma W.P ( C) No. 25178 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007