IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 22453 of 2009(B) -------------------------- PETITIONER: --------------- VIJAYA SUKUMARAN, CASUAL SWEEPER, IN THE OFFICE OF THE ASSISTANT DISTRICT INDUSTRIES OFFICER, KANAYANNOOR TALUK, MINI CIVIL STATION, THRIPUNITHURA, RESIDING AT OLIPARAMBILLIL, PUTHIYAKAVU PO, THRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, GANDHI NAGAR, KADAVANTHRA, ERNAKULAM. 4. THE ASSISTANT DISTRICT INDUSTRIES OFFICER, KANAYANNOOR, MINI CIVIL STATION, THRIPUNITHURA. 5. THE ASSISTANT ENGINEER, P.W.D. (BUILDING SECTION), ERNAKULAM. BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22453 OF 2009 -------------------------- Dated this the 17th day of August, 2009 J U D G M E N T Heard Sri. C.S.Ajith Prakash, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is a Part-time Casual Sweeper working in the office of the fourth respondent since the year 1999. She claimed regularisation as Part-time Contingent Sweeper relying on Ext.P5 Government order dated 25.11.2005. The sweeping area of the fourth respondent’s office exceeds 100 Sq. meters as can be seen from Ext.P4 sweeping area certificate. The application submitted by the petitioner along with the application for creating a post of Part- time Contingent Sweeper was forwarded by the fourth respondent to the second respondent and the second respondent in turn forwarded it to the Government. On the terms of Ext.P5 Government order, the authority competent to create a post of Part- time Contingent Sweeper and to order regularisation of the petitioner in service is the State Government. In this writ petition the petitioner W.P.(C) No. 22453/09 2 seeks a writ in the nature of mandamus commanding the respondents to regularise her in service applying Ext.P5 Government order. 3. The learned Senior Government Pleader appearing for the respondents, on instructions, submits that a proposal to regularise the petitioner in service by creating a post of Part-time Contingent Sweeper has been forwarded by the fourth respondent and that it is pending with the Government. The pleadings disclose that the petitioner has been working as Casual Sweeper in the fourth respondent’s office since 1999. Ext.P5 Government order which provides for regularisation of such Casual Sweepers was issued on 25.11.2005. Ext.P4 certificate discloses that the sweeping area of the fourth respondent’s office exceeds 100 Sq. meters. In these circumstances, I am of the opinion that the Government should consider the petitioner’s request for regularisation and the proposal in Ext.P6 expeditiously. I, accordingly dispose of this writ petition with a direction to the Government to consider the petitioner’s request for regularisation in terms of Ext.P5 Government order dated 25.11.2005 and take a W.P.(C) No. 22453/09 3 decision thereon in consultation with respondents 1 to 4 expeditiously and, in any event, within three months from the date of receipt of a certified copy of this judgment. The petitioner shall, in order to enable the Government to act as directed above, produce a certified copy of this judgment along with a copy of the writ petition before the Secretary to Government, Industries Department. P.N.RAVINDRAN, JUDGE vps