IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WA.No. 1896 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8954/2007 Dated 26/03/2009 .................... APPELLANT(S): RESPONDENTS 1 TO 5 IN WP(C): ----------------------------------------------------------------------- 1. STATE OF KERALA, REP. TO ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF HOMOEOPATHY, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER(HOMOEO), ERNAKULAM. 4. THE MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, KOZHIPPILLY, ERNAKULAM DISTRICT. 5. THE VILLAGE OFFICER, PALAKKUZHA VILLAGE OFFICE, PALAKKUZHA P.O., ERNAKULAM DISTRICT. BY SR. GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENT(S): PETITIONER -------------------------------------------- ANNAKUTTY KURIAKOSE, W/O.K.B.BABY, PART-TIME SWEEPER, GOVT. HOMOEO DISPENSARY, KOZHIPPILLY, MUVATTUPUZHA TALUK. ADV.SRI.M.V.THAMPAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.A. NO. 1896 OF 2009 =================== Dated this the 10th day of March, 2011 J U D G M E N T Antony Dominic, J. The respondent filed WP(C) No.8954/07 praying for regularisation in the post of Part Time Sweeper claiming the benefit of Ext.P2, GO(P) No.501/2005/Fin dated 25th November, 2005. 2. Even according to the appellants, the respondent was engaged as Part Time Sweeper in the Government Homoeo Dispensary at Kuzhippilly in Ernakulam District. Sometime in 2007, steps were taken for appointment on a regular basis from among candidates sponsored by the Employment Exchange excluding the respondent. It was at that stage, the respondent filed the Writ Petition claiming regularisation relying on the Government Order referred to above. By the judgment under appeal, the learned Judge upheld the claim and ordered her regularisation. It is against this judgment, the appeal is filed. 3. The contention raised by the learned Government Pleader is that the respondent was engaged against a sanctioned WA No.1896/09 : 2 : post in a temporary vacancy. According to him, the scheme covered by Ext.P2 Government Order applies only in respect of Part Time Sweepers, who were engaged on a temporary basis, without a sanctioned post. In other words, the contention of the learned Government Pleader is that the respondent having been engaged against a sanctioned post is not entitled to be regularised for the only reason that the post was a sanctioned one. In our view, such a distinction is not called for atleast in the facts of this case and the learned Judge has rightly appreciated the scope of Ext.P2 Government Order and has directed regularisation of the respondent with consequential benefits. Therefore, we do not see any illegality in the judgment warranting interference in this appeal. Writ appeal is dismissed. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp