IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 24988 of 2008(Y) -------------------------------------- PETITIONER(S): --------------------- V.RAMACHANDRAN NAIR, SWEEPER, ICDP SUB CENTRE, MYLADI P.O., PULIYARAKKONAM, VIA.PEYAD, THIRUVANANTHAPURAM. BY ADV. MR.S.RAMESH BABU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 4. THE ASSISTANT PROJECT OFFICER, R.A.I.C. ANIMAL HUSBANDRY DEPARTMENT, ARALUMMOODU, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR.P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24988/2008-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 06/10/2003 IN WP(C) NO. 31138/2003. EXT.P2: COPY OF THE COMMUNICATION DATED 17/02/2004. EXT.P3: COPY OF THE FLOOR AREA CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER DATED 16/03/2004. EXT.P4: COPY OF THE ORDER DATED 07/04/2004. EXT.P5: COPY OF THE RECEIPT TOWARDS PAYMENT OF THE ARREARS DATED 26/04/2004. EXT.P6: COPY OF THE REPRESENTATION DATED 07/10/2004. EXT.P7: COPY OF THE REPRESENTATION DATED 11/01/2005. EXT.P8: COPY OF THE REPRESENTATION DATED 07/02/2008. EXT.P9: COPY OF THE G.O.(P) NO.501/2005/FIN. DATED 25/11/2005. RESPONDENT'S ANNEXURES : ANNEXURE R2(a): COPY OF THE SWEEPING AREA CERTIFICATE AND SKETCH ISSUED BY THE ASSISTANT ENGINEER, BUILDING SECTION, NEYYATTINKARA. ANNEXURE R4(a): COPY OF THE CERTIFICATE OF AREA ISSUED BY ASST. ENGINEER, PWD BUILDINGS SECTION, NEYYATTINKARA. ANNEXURE R4(b): COPY OF THE SWEEPING AREA CALCULATION OF ICDP SUB CENTRE, MYLADI. ANNEXURE R4(c): COPY OF THE SKETCH ISSUED BY THE ASST. ENGINEER, PWD BUILDINGS SECTION, NEYYATTINKARA. ANNEXURE R4(d): COPY OF THE LETTER NO.B.731/03/EST. DATED 10/12/2008 ISSUED TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.24988 of 2008 -------------------------------------- Dated 26th June, 2009 JUDGMENT Heard the learned counsel appearing on both sides. 2. The petitioner is a Casual Sweeper working in the ICDP Sub Centre, Myladi in Thiruvananthapuram District. The sweeping area of the ICDP Sub Centre, according to the petitioner, exceeds 100 m2 . It appears that the petitioner was in service even before the pay revision order of 1998 was issued. By G.O.(P)No.3000/1998/Fin. dated 25.11.1998, the Government sanctioned to Part-time Sweepers salary at the rate of Rs.1250 per mensem plus DA at the applicable rates. When the petitioner was denied the same, he filed W.P.(C) No.31138 of 2003 in this Court. By ExtP1 judgment delivered on 6.10.2003, a learned Single Judge of this Court directed respondents 3 and 4 herein, to fix the salary payable to the petitioner. As directed by this Court, the fourth respondent issued Ext.P4 order dated 7.4.2004 sanctioning salary to the petitioner at the rate of Rs.1250/= per mensem from 25.11.1998 onwards. The petitioner's grievance is that though the said order was implemented and he was being paid salary at the rate of Rs.1250/= per mensem plus DA, all on a sudden such payment was stopped with effect from October, 2004 and he is being WP(C).No.24988/2008 2 paid only Rs.600/= per mensem. Though he had moved the official respondents complaining about this, no action has been taken, it is submitted. He also submits that in the meanwhile Government issued G.O.(P)No.501/2005/Fin. dated 25.11.2005 laying down the conditions for regularization of Casual Sweepers and that on the terms of the said Government order, he is entitled to have his pay protected even if the sweeping area falls below 100 m2. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to disburse to him salary and allowances at the rate of Rs.1250/= per mensem plus DA at the applicable rates from October, 2004 onwards. 3. The respondents have filed a counter affidavit pointing out that the sweeping area was redetermined after the Government order dated 25.11.2005 was issued and on such redetermination it was noticed that the sweeping area is only 39.36 m2 . It is also stated that since the sweeping area was below 100 m2 the petitioner is entitled only to receive payment at the rate of Rs.600/= per mensem. Reference is made to paragraphs 8 and 11 of the Government order dated 25.11.2005. 4. The pleadings disclose that the sweeping area of the office where the petitioner is working was initially determined before WP(C).No.24988/2008 3 the Government order dated 25.11.2005 was issued as 112 m2. After the Government order was issued, on re-measurement in accordance with the guidelines appended to it, the sweeping area was found to be 39.36 m2. Paragraph 11 of the Government order dated 25.11.2005 however provides that even if sweeping area is below 100 m2, the incumbent sweeper will get Rs.1000/= per mensem plus DA at the applicable rates. Apart from stating that on re-measurement, the sweeping area was found to be below 100 m2, the respondents have not given any cogent reason for denying payment of salary and allowances as fixed in Ext.P4. By Ext.P4 the petitioner was sanctioned emoluments at the rate of Rs.1250/= per mensem. The respondents have no case that Ext.P4 order has been modified or cancelled. Therefore, the respondents are not entitled to deny to the petitioner payment of wages at the rate stipulated in Ext.P4. Further, the petitioner is also entitled to payment of DA at the applicable rates. In my opinion, as no fraudulent conduct has been alleged by the respondents in the determination of the sweeping area, the petitioner is entitled to payment of emoluments fixed as per Ext.P4. Denial of salary and allowances at the rates stipulated in Ext.P4 and in the Government order dated 25.11.2005 is in my opinion illegal. WP(C).No.24988/2008 4 In the result, the writ petition is allowed and the respondents are directed to disburse to the petitioner salary and allowances at the rates fixed in Ext.P4 from October, 2004 onwards. Needless to say the petitioner will also be entitled to DA at the applicable rates. He will also be entitled to periodical pay revisions if any effected. Payment of arrears of salary and allowances as above shall be made within four months from the date on which the petitioner produces a certified copy of this judgment before the Director of Animal Husbandry. P.N.RAVINDRAN Judge TKS