IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26595 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------ SMT.SOBHA RAJENDRAN, AGED 39 YEARS, PONNANGAT CHIRAYIL, AROOR P.O., WARD-7, CHERTHALA. BY ADV. SRI.ANIL S.RAJ, SMT.K.N.RAJANI. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, AROOR BRANCH, ALAPPUZHA. 3. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, BHADRATHA, THRISSUR-680 020. 4. SHYLAJA P.V., OTTARATH HOUSE, THURAVOOR P.O., CHERTHALA, PIN- 688 532. R1 BY GOVT. PLEADER SMT.N. SUDHADEVI. R2 & R3 BY ADV. MR.E.K. NANDAKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 26595 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1 SERIES. TRUE COPY OF THE CHEQUES DATED 9.3.2010, 31.8.2011 AND 6.9.2011. EXHIBIT-P2. TRUE COPY OF THE NOTICE DATED 9.5.2011. EXHIBIT-P3. TRUE COPY OF THE REPRESENTATION DATED 26.7.2011. EXHIBIT-P4. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 19.9.2011. EXHIBIT-P5. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 19.9.2011. EXHIBIT-P6. TRUE COPY OF THE TRANSFER ORDER REF. 4307/PTS DATED 11.8.2011. EXHIBIT-P7. TRUE COPY OF THE JUDGMENT IN WP(c) NO.26145/2004 DATED 08.10.2004. EXHIBIT-P8. TRUE COPY OF THE G.O.(MS)NO.162/05/TD DATED 20.12.2005. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 26595 OF 2011 ----------------------------------------------------------- Dated this the 10thOctober, 2011. JUDGMENT According to the petitioner, she was working as a part time sweeper under the second respondent from 16-12-2009 to 6-9-2011 without any break. While so, the fourth respondent who is a regular part time sweeper was transferred and posted in the place of the petitioner and she was terminated. She has a total service of more than 1 ½ years. Though the petitioner has submitted representations before each of the respondents, detailing her grievances and requesting for the issue of appropriate orders regularising her services, no orders have been passed. It is the further case of the petitioner that as many as 171 part time sweepers under the third respondent who were engaged on daily wages from 30-10-2000 to 31-8-2005 have been regularised by the Government as per G.O(MS)162/05/TD dated 20-12-2005. The petitioner being a similarly placed person, seeks such benefits as were granted to the other part time sweepers. 2. The standing counsel for the third respondent submits that the decision as to whether the petitioner should be regularised or WPC 26595/2011 2 not has to be taken by the Government and the third respondent has no independent authority to take any such decision. Since Ext.P3 representation of the petitioner is pending consideration of the first respondent, the third respondent would abide by any orders that may be passed thereon. 3. I have heard the learned Govt. Pleader also. 4. Since Ext.P3 is pending consideration of the first respondent, it is sufficient that the same is directed to be considered and disposed of expeditiously. 5. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P3 representation in accordance with law and in the light of the fact that benefits have been granted to similar employees as per the Government order referred to above and to pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 26595/2011 3