IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH NOVEMBER 2008 / FOLLOWING:ANA 1930 WP(C).No. 35140 of 2008(G) -------------------------- PETITIONER(S): --------------- A.V.THANKAMANI, (CASUAL SWEEPER, FOOD INSPECTOR OFFICE) THRIPUNITHURA, NOW RESIDING AT AMBADINIKATIL HOUSE, THAMARAKULANGARA, PUNITHURA, THRIPUNITHURA. BY ADV. SRI.C.S.AJITH PRAKASH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH OFFICE OF THE DISTRICT MEDICAL OFFICER, ERNAKULAM. 4. THE FOOD INSPECTOR, COCHIN CIRCLE, THRIPUNITHURA. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.35140 of 2008 ------------------------------- Dated this the 28th November, 2008. J U D G M E N T Heard Sri.Paul.C.Thomas, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is a casual sweeper working in the office of the fourth respondent since 1980. She submits that as early as in the year 1994, by Ext.P2 letter dated 30.12.1994, the fourth respondent had requested the District Medical Officer of Health, Ernakulam, to appoint the petitioner as Part-time Cleaner and that even after G.O.(P) No.501/2005/Fin dated 25.11.2005 was issued, her service has not been regularised. The petitioner also submits that the sweeping area of the fourth respondent's office exceeds 100 Square Meters and that the fourth respondent has forwarded a proposal to regularise the petitioner in service. Relying on Ext.P5, the petitioner submits that the District Medical Officer (Health) has W.P.(C) No.35140 of 2008 2 forwarded the proposal submitted by the fourth respondent to the Director of Health Services. The petitioner also submits that as no progress was made in the matter, she has submitted Ext.P6 representation dated 17.1.2007 to the fourth respondent requesting him to expedite the steps taken to regularise her in service. In this writ petition, the petitioner inter alia prays for a direction to the respondents to regularise her in service, having regard to the stipulations in Ext.P3 Government Order. 3. The pleadings disclose that the fourth respondent has moved the higher authorities to create a post of Part time Sweeper in his office and to regularise the petitioner in service against that post. Ext.P5 discloses that the matter is now pending with the Director of Health Services. On the terms of Ext.P3 Government Order, the authority competent to take a decision in the matter is State Government. Though steps were initiated way back in the year 2006 to regularise the petitioner in service, till date, final orders has not been passed in the matter. W.P.(C) No.35140 of 2008 3 4. In these circumstances, I dispose of the Writ Petition with the following directions:- The Director of Health Services, the second respondent in the writ petition, shall forward the proposal submitted by the fourth respondent to regularise the petitioner in service to the Secretary to Government, Health and Family Welfare Department, within one month from the date of receipt of a certified copy of this judgment, if the fourth respondent has not forwarded the same so far. The Secretary, Health and Family Welfare Department shall, within two months thereafter, consider the proposal submitted by the fourth respondent and take a decision in the matter, in the light of the stipulations in Ext.P3 Government Order and also having regard to the fact that the petitioner has been continuously working in the office of the fourth respondent since July, 1980. The Secretary to Government, Health and Family Welfare Department shall, W.P.(C) No.35140 of 2008 4 immediately after orders are passed in the matter, communicate a copy of the order to the petitioner and the fourth respondent. P.N.RAVINDRAN, JUDGE nj.