IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1150 of 2008(J) -------------------------------------- PETITIONER: --------------------- BALAN E.V., PART TIME CASUAL SWEEPER, KRISHI BHAVAN, CHEMENCHERRY, THIRUVALLOOR, KOZHIKODE DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, KOZHIKODE. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 1150 of 2008 -------------------------- Dated this the 9th January, 2008 J U D G M E N T Petitioner is a Casual Sweeper presently working in the Chemmencherry Krishi Bhavan, Kozhikode. He contends that the sweeping area serviced by him is 114.20 sq.mts. He claims the benefit of absorption in service in terms of G. O (P) 501/05/Fin. Dated 25.11.2005. He refers to Exhibit P2 judgment. 2. Apparently, pending consideration of the proposal for creation of a post of Part time Sweeper in the office in question and the absorption of the petitioner in the said post, Exhibit P3 Circular has been issued which contemplates determination of the sweeping area had variants from the guidelines contained in the appendix to G.O (P) 501/05/Fin. Dated 25.11.2005. In a batch of cases, viz., W.P. (C ) No.13828 of 2007 and connected cases, this Court has held that the sweeping area serviced by a Casual Sweeper will have to be determined strictly in accordance with G.O (P) 501/05/Fin. Dated 25.11.2005 and if there are circulars with executive instruction dealing with the same subject, the same shall be subject to the appendix in G.O (P) 501/05/Fin. dated 25.11.2005. In other words, if there are W.P ( C) No. 1150 of 2008 2 any executive instructions for determining the sweeping area which are at variants from the appendix to G. O (P) 501/05/Fin. Dated 25.11.2005. The same shall be ignored. Sweeping area is to be determined in terms of appendix to G.O (P) 501/05/Fin. Dated 25.11.2005. After having heard the learned Government Pleader also, this writ petition is disposed of directing the 1st respondent to take a decision on a proposal referred in Exhibit P1, within three months from the date of receipt of a copy of this judgment in the light of the findings in W. P (C) No. 13828 of 2007 and connected cases. (V.GIRI, JUDGE) ma W.P ( C) No. 1150 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007