IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 5155 of 2009(L) ------------------------------------ PETITIONER(S): --------------------- P.SATHI, W/O.BABU, CASUAL SWEEPER, P.W.D., NH DIVISION, KOZHIKODE, RESIDING AT GOPAL NIVAS, KUTTIYIL THAZHAM, KAPPULLIMEETHAL, POST GURUVAYOORAPPAN COLLEGE, KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMN), THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, NATIONAL HIGH WAY, THIRUVANANTHAPURAM. 4. SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAYS, NORTH CIRCLE, KOZHIKODE. 5. EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KOZHIKODE. R1 TO R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5155/2009-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE IDENTIFY CARD ISSUED BY THE EMPLOYMENT EXCHANGE KOZHIKODE. EXT.P2: COPY OF THE GOVERNMENT ORDER G.O.(P)NO.501/2005/FIN. DATED 25/11/2005. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 12/10/2006. EXT.P4: COPY OF THE SWEEPING AREA CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING SECTION, FEROKE DATED 04/12/2006. EXT.P5: COPY OF THE APPLICATION IN THE PRESCRIBED FORMAT FOR THE CREATION OF POST OF PART TIME CONTINGENT SWEEPERS SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT DATED 04/04/2007. EXT.P6: COPY OF THE LETTER NO.E4.907/92 DATED 28/02/2007 FROM THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE ORDER NO.25485/B1/07/PWD DATED 29/12/2008 OF THE 1ST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 5155 of 2009 L =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of June, 2009 JUDGMENT Heard Sri. P.V.Kunhikrishnan, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Casual Sweeper in the office of the fifth respondent. She claims that she has been continuously working in the said post ever since 1995. In this writ petition, the petitioner claims regularization in service in terms of G.O.(P) No.501/2005/Fin dated 25-11-2005, a copy of which is produced as Ext.P2. 3. The pleadings disclose that the sweeping area of the fifth respondent’s office where the petitioner is presently working exceeds 100 Sq. mts. and that the application submitted by her (Ext.P5) for regularization in service by creating a post of a Part Time Contingent Sweeper has been forwarded by the fourth respondent to the third respondent Chief Engineer W.P.(C) No. 5155/09 2 for necessary action. 4. On the terms of Ext.P2 Government order, the authority competent to create the post of Part Time Contingent Sweeper is the office of the fifth respondent and to order for regularization of the petitioner's service is the Government. In the counter affidavit filed on behalf of the fifth respondent it is stated that Ext.P5 application is pending with the Government. In such circumstances, as the Government are yet to take a decision in the matter, I am of the opinion that the petitioner should pursue the application filed by her before the Government, instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with a direction to the Secretary to Government, Public Works Department to consider the proposal to create a post of Part Time Contingent Sweeper in the office of the fifth respondent and to regularize the petitioner in service against such post, in the light of the stipulations in Ext.P2 Government order and to take a decision thereon in consultation with the fifth respondent within four months from the date on which the petitioner produces a certified copy of this judgment. Till such time, the petitioner shall be retained in service. Since Ext.P7 letter was sent while the application for regularization was pending before the Government, the direction issued in Ext.P7 to the W.P.(C) No. 5155/09 3 second respondent to terminate the service of the petitioner shall stand quashed. The right of the petitioner to continue in service would depend on the orders to be passed by the Government on the petitioner’s application for regularization in service, subject of course to her right to challenge the order passed by the Government if she is aggrieved thereby in other appropriate proceedings. P.N.RAVINDRAN, JUDGE. mn.