IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 5265 of 2009(C) ------------------------------------- PETITIONER(S): ---------------------- A.DEVAYANI @ AMMINI, PART TIME CASUAL SWEEPER KRISHI BHAVAN, ONAGALLUR PO.KALLADIPATTA, PALAKKAD. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. PRINCIPAL AGRICULTURAL OFFICER PALAKKAD. 4. AGRICULTURAL OFFICER, KRISHI BHAVAN ONGALLUR, PALAKKAD. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 5265 of 2009 --------------------------------------------------- Dated this the 23rd day of March, 2009 JUDGMENT The writ petitioner is a Part Time Casual Sweeper in Krishi Bhavan, Ongallur, Palakkad under the respondents 2 to 4. The main relief sought for in the writ petition is for a direction to the respondents to grant regularisation in accordance with the terms of G.O.(P) No.501/2005 dated 25.11.2005 and to release the salary at the regular scale of pay as revised along with arrears from 22.12.05. 2. Earlier she had approached this Court by filing W.P.(C) No.24249 of 2003. Therein this Court had directed the respondents to pay salary to the petitioner in the light of G.O.(P) No.3000/98 dated 25.11.1998 even if the sweeping area is below that is prescribed in the Government order. Salary shall be paid at the rate provided in the connected Government order dated 25.11.1998. There was a further direction regarding the payment of arrears. 3. The petitioner contends that going by Ext.P2 the sweeping area covered by the petitioner is above 100 Sq.Mts. Subsequently, she approached this Court by filing Contempt wpc:5265 of 2009 2 Case No.540 of 2007 since the salary was not being paid at the rate of Rs.1250/- per month + DA. The matter was considered by this Court by Ext.P5 judgment. A reading of the judgment shows that in the affidavit filed by the respondent it was submitted that the sweeping area of the petitioner's office was below 100 square meters up to 22.12.2005. With effect from the said date the office is housed in a new building having a sweeping area of 122.5 square meters and hence the petitioner is entitled to get the scale of pay applicable to Part-Time Sweepers. 4. The respondents have further assured that the revised salary will be paid for the remaining period after getting sanction from the competent authority for creation of one post. As on that date the salary up to 22.12.2005 has already been paid. Therefore, what remains is the grant of regularisation and the arrears of salary from 22.12.2005 at the revised rate of Rs.1250/- +DA by the subsequent pay revision order. The petitioner has also produced Exts.P6 and P7 which are orders for regularisation in respect of similarly placed Part Time Sweepers in other Krishi Bhavans in the same district. In the light of the above, the Writ Petition is disposed of directing the second respondent to forward the application along wpc:5265 of 2009 3 with the sweeping are certificate to the first respondent within a period of one month from the date of receipt of a copy of this judgment. The first respondent will pass appropriate orders as enjoined by G.O.(P) No.501/05/2005/Fin. dated 25.11.2005 in accordance with Ext.P5 judgment for creation of a post and consequent regularisation of the petitioner. The arrears from 22.12.2005 will also be disbursed to the petitioner within a period of three months. T.R.RAMACHANDRAN NAIR, JUDGE bps