IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 1364 of 2007(K) -------------------------------- PETITIONER(S): -------------------- M.NABEEZA, PALLIPADINJATTETHIL, BLAHAMPURAYIDAM, PATHANAMTHITTA. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): --------------------- 1. THE DY.DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION (H) DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 1364/2007 APPENDIX PETITIONER'S EXHIBITS: P1: G.O.(P) NO.501/2005/FIN., DATED 25/11/2005 ISSUED BY THE 3RD RESPONDENT. P2: COPY OF CIRCULAR NO.5433/H2/06/LSGD DATED 06/05/2006 ISSUED BY THE 3RD RESPONDENT. P3: COPY OF REPRESENTATION DATED 01/09/2006 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P4: COPY OF REPRESENTATION DATED 12/10/2006 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5: COPY OF REPRESENTATION DATED 30/11/2006 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.] P6: COPY OF LETTER NO.E9/34148/06 DATED 07/12/2006 ISSUED BY THE 2ND RESPONDENT TO THE DY. DIRECTOR OF PANCHAYAT. P7: COPY OF REPRESENTATION DATED 23/02/2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P8: COPY OF THE ORDER G.O.(P) NO.61/2010/FIN. DATED 09/02/2010 ISSUED BY THE 3RD RESPONDENT. P9: COPY OF THE JUDGMENT DATED 17/08/2010 IN WPC.NO.25247/2007 OF THIS HONOURABLE COURT. P10: COPY OF THE ORDER DATED 15/07/2010 ISSUED BY THE 3RD RESPONDENT. P11: COPY OF THE ORDER DATED 13/09/2011 REGULARIZING THE SERVICES OF 17 PART TIME SWEEPERES IN 17 GRAMA PANCHAYATS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.1364 of 2007 ---------------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT The petitioner is working as a Part-Time Sweeper in the office of the Deputy Director of Panchayats, Pathanamthitta, the 1st respondent herein. According to the petitioner, the petitioner had worked as Part Time Sweeper in the office of the 1st respondent during 2002, 2003 and 2004 and he is continuing in service from 22.6.2006 onwards According to the petitioner, by Ext.P1 Government Order, the Government has ordered regularisation of the services of Part Time Sweepers, who were in service as on 25.11.2005 as well as those whose services were terminated prior to the said date. By Ext.P2, Ext.P1 order has been made applicable to the Local Self Government Department as well. The petitioner, therefore, submits that the petitioner is entitled to regularisation in service in accordance with Exts.P1 and P2 orders. The petitioner has filed Exts.P3 to P5 W.P.(C)No.1364/07 2 representations before the 3rd respondent in respect thereof. By Ext.P6, the 3rd respondent has called for a report from the 1st respondent in respect of the claim of the petitioner. The petitioner's grievance is that no further steps have been taken in respect thereof. 2. I have heard the parties. I am of opinion that it is only appropriate that the 3rd respondent addresses themselves to the issue, insofar as the matter is pending before them as is evident from Ext.P6. In the above circumstances, this writ petition is disposed of with a direction to the 3rd respondent to consider the claim of the petitioner for regularisation in service in accordance with Exts.P1 and P2 Government Orders and subsequent Government Orders, if any, on the subject, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till orders are passed as directed above, the interim order passed by this Court granting stay of termination of service of the petitioner W.P.(C)No.1364/07 3 shall continue to be in force. In other words, till orders are passed, the petitioner's service shall not be terminated and she shall be continued to be paid the salary for the period she works as already directed by this Court by order dated 13.4.2007. It would be open to the petitioner to produce and rely upon any document which would support her contention. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1364/07 4 W.P.(C)No.1364/07 5