IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 32849 of 2008(I) ------------------------------------- PETITIONER(S): ----------------------- SREEKALA. S, W/O.KRISHNANKUTTY PILLAI PART TIME SWEEPER, DAIRY EXTENSION SERVICE UNIT, SHASTAMKOTTA, KOLLAM. BY ADV. MR.ASOK M.CHERIAN MR.T.R.RENJITH MR.S.KANNAN SMT.S.RAKHEE MR.M.RIJESH SRI.T.JEEJAN RESPONDENT(S): ------------------------- 1. THE DAIRY EXTENSION OFFICER, DAIRY EXTENSION SERVICE UNIT, SHASTAMKOTTA, KOLLAM. 2. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT CHINNAKADA, KOLLAM. 3. THE DIRECTOR, DAIRY DEVELOPMENT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 32849/2008-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 18/08/2004 IN WRIT PETITION (CIVIL) NO.24288/2004. EXT.P2: COPY OF THE CERTIFICATE DATED 25/10/2004 ISSUED BY THE ASSISTANT ENGINEER PWD BUILDING SECTION, SHASTAMKOTTA. EXT.P3: COPY OF THE G.O.(P) NO.501/2005/FIN. DATED 25/11/2005. EXT.P4: COPY OF THE REPRESENTATION DATED 14/10/2008 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DATED 24/10/2008 IN W.P.(C). NO. 35815/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32849/2008-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2009 J U D G M E N T The petitioner is working as a Part Time Sweeper (casual) in the office of the first respondent Dairy Extension Officer. Initially, she was getting Rs.110/- per month as wages, which was revised with effect from 01/03/1997 as per pay revision order dated 25/11/1998. Thereafter, she was getting Rs.600/- per month. Earlier, she filed W.P.(C).No.24288/2004 before this Court seeking for grant of appropriate monetary benefits as applicable to the Part Time Sweepers. Ext.P1 is the judgment in W.P.(C). No.24288/2004. It is pointed out that inspite of Ext.P1 judgment, no further action was taken in the matter. Ext.P2 is the sweeping area certificate which shows that the area is 136.17 sq.mts. The writ petitioner is relying upon Ext.P3 G.O.(P).No.501/2005/Fin., dated 25/11/2005, for regularisation of Part Time Sweepers (casual) and for payment of revised benefits as provided in the Government Order. 2. Paragraphs (8) to (11) of the Government Order prescribes procedures for regularisation of part time contingent employees depending upon the sweeping area. The sweeping area will have to be calculated in accordance with the guidelines appended in G.O.(P).No.501/2005/Fin. If W.P.(C) No.32849/2008 -:2:- the area is 100 sq.mts., a post of part time sweeper has to be created and they will be entitled for regularisation with payment of Rs.1250 plus D.A along with revised wages. 3. The petitioner submits that based on Ext.P3 Government Order she had filed Ext.P4 representation before the Director, Dairy Development, Thiruvananthapuram, through proper channel. The same is dated 14/10/2008. 4. Ext.P5 is the judgment of this Court in W.P.(C).No.35815/2007 in respect of a casual sweeper in the office of the Integrated Child Development Project, Sasthamkotta. This Court after considering the scope and effect of the G.O directed the respondents to take steps to regularise the petitioner in the existing post of part time sweeper in the Integrated Child Development Project Office, Sashtamkotta. 5. Therefore, there will be a direction to respondents 1 to 3 to take immediate steps to forward the application along with the sweeping area certificate to the Government for passing orders on the claim for regularisation of the petitioner as Part Time Sweeper. The same shall be done within one month from the date of receipt of the copy of this judgment. The fourth respondent will pass appropriate orders as enjoined in Ext.P3 Government Order within a further period of two months thereafter. The petitioner is entitled for enhancement of wages as provided in Ext.P3. The W.P.(C) No.32849/2008 -:3:- arrears will also be disbursed to the petitioner once the orders on regularisation are passed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms