IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 WP(C).No. 28366 of 2007(B) -------------------------- PETITIONER: ------------ 1. O.J.ALICE, CONTINGENT SWEEPER, IRRIGATION SECTION, WATER RESOURCES DEPARTMENT, ENAMACKAL, THRISSUR. 2. A.BHAVANI, CONTINGENT SWEEPER, IRRIGATION SECTION, WATER RESOURCES DEPARTMENT, MANJAMKUZHI, THRISSUR. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER(ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 5. THE ASSISTANT ENGINEER, P.W.D.BUILDING SECTION, CHAVAKKAD, THRISSUR. WP(C) No. 28366/2007 6. THE ASSISTANT ENGINEER, P.W.D.BUILDING SECTION, IRINJALAKKUDA, THRISSUR. 7. THE ASSISTANT ENGINEER, IRRIGATION SECTION, WATER RESOURCES DEPARTMENT, ENAMACKAL, THRISSUR. 8. THE ASSISTANT ENGINEER, IRRIGATION SECTION, WATER RESOURCES DEPARTMENT, MANJAMKUZHI, THRISSUR. BY ADV. SHRI.BEJOY CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ----------------------------------- WP(C) No. 28366 of 2007 ------------------------- Dated, this the 25th day of September, 2007 J U D G M E N T The first petitioner is working as a contingent Sweeper in the Office of the Irrigation Section, Water Resources Department at Enamackal, Thrissur. According to her, she is continuously in service from October 1999 onwards. The second petitioner is working as a contingent Sweeper in the Office of Irrigation Section, Water Resources Department at Manjamkuzhi, Thrissur. According to her, she is continuously in service from 01/07/1996 onwards. Pursuant to the directions issued by this Court in writ petition No. 30927/2003 and connected cases, Government issued Ext.P1 order formulating guidelines for regularization of existing eligible casual sweepers and appointments against future arising vacancies of sweepers/cleaners in Government Offices. The guidelines are contained in appendix to the said Ext.P1 Government Order. Clause 4 thereof reads as follows :- “4. For all offices, the sweeping area will be assessed, fixed and certified by an officer of the PWD Buildings Division, not below the rank of an Assistant Engineer. A rough sketch of the WP(C) No. 28366/2007 -2- area indicating the correct measurements and calculations will be prepared by the Engineer and this shall be made available to the Head of the Office in question. The certification of the sweeping area shall be done once in 5 years. All existing premises will also be got certified once again over the next 1 year. The responsibility for this shall be with the Head of the Office in question.” Apparently, in line with the aforementioned Clause, the Asst. Engineers concerned, namely respondents 5 & 6, measured the sweeping area of both the Offices in question and issued Exts.P2 & P3 certificates in the prescribed form indicating the sweeping area as 102.16 sq.mts. and 103.18 sq. mts. respectively. 2. If the sweeping area is 100 sq. mts. or above but below 800 sq. mts., the matter is to be taken up with the Government. It is open to the Government to sanction and create posts of part-time contingent Sweeper. The relevant guidelines in this regard are contained in paragraphs 14 & 15 of Ext.P1 order. What is clear is that the creation of the posts shall be done only as per orders of the Government. 3. Exts.P4 & P5 applications were forwarded to the Government in the prescribed form for creation of one post each of WP(C) No. 28366/2007 -3- part-time contingent sweeper on the premise that the sweeping area of the Office in question, as certified by Exts.P2 & P3 certificates, is in excess of 100 sq. mts. It is not known whether orders have been issued by the Government in this regard. 4. But in the meanwhile, petitioners came to be aggrieved by Ext.P6, which was apparently, pursuant to the report from the Chief Technical Examiner, Finance Department, Govt. of Kerala, to the effect that certain false sweeping area certificates have been issued by Asst. Engineers for creating the post of part time sweepers. Fresh assessments have been done by the Officers deputed by the Chief Technical Examiner of the Finance Department. 5. Learned counsel for the petitioners contends that Ext.P1 Government Order contains the guidelines as regards the manner in which the sweeping area is to be assessed and Government is to sanction creation of posts of part time contingent sweeper subject to the assessment of the sweeping area as contained therein. What is clear is that final orders in this regard will have to be passed by the Government itself. Ext.P6 is at variance from Exts.P2 & P3 certificates. At any rate, the issue will have to be WP(C) No. 28366/2007 -4- finally decided by the Government. In the circumstances, this writ petition is disposed of with the following directions. (1) The petitioners shall file a representation before the 2nd respondent indicating all aspects mentioned in the writ petition and also giving the details as to the present status of Exts.P4 & P5, after collecting the same from the concerned Head of the Departments, within a period of one month from the date of receipt of a copy of this judgment. (2) The 2nd respondent shall take a decision on such representation, in the light of Ext.P1 Government Order, as also any other orders which have been issued by the Government, in this regard, that are relevant to the issue, within a period of three months thereafter. (3) It is open to the Government to collect the materials to decide the authenticity of Exts.P2 & P3 as also the authenticity and correctness of the relevant portions of Ext.P6, in so far as it concerns the Offices mentioned against serial Nos. 29 & 30, wherein petitioners are working. Appropriate decision may be taken in this regard within the time frame mentioned above. 6. Pending decision as above mentioned, petitioners will be WP(C) No. 28366/2007 -5- entitled to draw wages in accordance with clauses 14 & 15 of Ext.P1 Government Order, treating the sweeping area as certified in Exts.P2 & P3. I make it clear that further continuance of the petitioners as also the quantum of the wages that they are entitled to, will depend upon the decision that may be taken by the 2nd respondent as aforementioned. (V.GIRI, JUDGE.) jg