IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 37496 of 2008(L) ----------------------------------- PETITIONERS: ---------------- 1. T.S.RAMACHANDRAN, PART-TIME CASUAL SWEEPER, PULPALLY VILLAGE OFFICE, (PO), PULPALLY, WAYANAD DISTRICT. 2. P.V.JANARDHANAN, PART-TIME CASUAL SWEEPER, KIDANGANAD VILLAGE OFFICE, KIDANGANAD, WAYANAD DISTRICT. 3. ABDULLA.K., PART-TIME CASUAL SWEEPER, NENMENI VILLAGE OFFICE, WAYANAD DISTRICT. 4. VENUGOPALAN.A., PART-TIME CASUAL SWEEPER, CHEERAL VILLAGE OFFICE, CHEERAL P.O., WAYANAD DISTRICT. 5. RADHAMANI P.K., PART-TIME CASUAL SWEEPER, ERULAM VILLAGE OFFICE, WAYANAD DISTRICT. BY ADV. SRI.SARVOTHAMAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, WAYANAD DISTRICT. WP(C).No. 37496 of 2008 -2- 4. TAHSILDAR, SULTHAN BATHERY TALUK, OFFICE, WAYANAD DISTRICT. 5. VILLAGE OFFICER, PULPALLY VILLAGE OFFICE, PULPALLY P.O., WAYANAD DISTRICT. 6. VILLAGE OFFICER, KIDANGANAD VILLAGE OFFICE, WAYANAD DISTRICT. 7. VILLAGE OFFICER, NENMENI VILLAGE OFFICE, WAYANAD DISTRICT. 8. VILLAGE OFFICER, CHEERAL VILLAGE OFFICE, WAYANAD. 9. VILLAGE OFFICER, ERULAM VILLAGE OFFICE, WAYANAD DISTRICT. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.37496 of 2008 -------------------------- Dated this the 5th January,2009 J U D G M E N T Petitioners are Casual Part-time Sweepers in different Village Offices in Wyanad District. According to the petitioners, they have been engaged for number of years without any interruption in service. The substantial relief sought for by the petitioners is for granting regularisation as well as consequential revision in wages etc., which are being granted to Par-time Sweepers in various Departments. 2. Petitioners are relying upon the principles laid down by this Court in various judgments which have been produced as Exhibits, P5, P5 (a) and P5 (b). It is submitted by the learned counsel for the petitioners that same principles will also apply to the persons like the petitioners. 3. Seeking for various reliefs in the matter, petitioners have approached the Government by W.P ( C) No.37496 of 2008 2 Exhibit-P2 representation. In Exhibit-P2, they have invited the attention of the Government to the various Government Orders in the matter. The substantial prayer made in Exhibit-P2 is for a direction to regularise them as Part-time Sweepers by sanctioning regular posts and absorb them in those vacancies with retrospective dates of their respective entry into the service and also for the payment of remuneration as applicable to regular Part-time Sweepers. This is a matter to be considered in accordance with law. Therefore, there will be a direction to the 1st respondent to consider and pass orders on Exhibit-P2 on merits after considering the legal effect of the dictum laid down in various judgments of this Court produced by petitioners, within a period of three months from the date of receipt of a copy of this judgment. In so far as the petitioners 2 and 4 are concerned, they are also claiming arrears on the basis of the pay revision order dated 25.11.1998. This issue will also be considered while passing orders on Exhibit-P2. W.P ( C) No.37496 of 2008 3 Petitioners shall produce a copy of this judgment along with copy of a writ petition and other materials, if any,before the 1st respondent for compliance. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.37496 of 2008 4 W.P ( C) No.37496 of 2008 5