IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 15701 of 2007(T) -------------------------------------- PETITIONER: ------------------- KANAKAMMA E.N., AGED 52 YEARS, D/O.KUMARAN, PART TIME SWEEPER, PUNNAPRA SOUTH GRAMA PANCHAYATH, PUNNAPRA, ALAPPUZHA. BY ADVS. MR.M.SASINDRAN, MR.TOJAN J. VATHIKULAM. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA - REP.BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. THE PUNNAPRA SOUTH GRAMA PANCHAYATH, PUNNAPRA P.O., ALAPPUZHA REP. BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER MR. NANDAKUMAR, R3 BY ADV. MR.V.SATHEESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15701/2007-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 05/04/05 ISSUED BY THE SECRETARY OF THE R.3. PANCHAYATH. EXT.P.2: COPY OF THE REPRESENTATION DTD. 15/03/2005. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 04/05/2005. EXT.P.4: COPY OF THE ORDER G.O. (P).NO.501/2005/FIN. DTD. 25/11/2005. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.29631/2005 DTD. 13/03/2006. EXT.P.6: COPY OF THE REPRESENTATION DTD. 03/04/2006. EXT.P.7: COPY OF THE ORDER ISSUED BY THE R.1. BEARING NO. GO (RT). NO.965/2007/LSGD DTD. 27/03/2007. EXT.P.8: COPY OF THE G.O. 361/2005/FIN. DTD. 02/08/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 15701 of 2007 -------------------------- Dated this the 10th February,2009 J U D G M E N T The question raised in this writ petition is covered by the judgment of this Court in WPC No.19186 of 2005 and connected cases, wherein, it is held that the casual sweepers are also entitled for the benefit of para 11 of Exhibit-P4 Government Order. Shortly the facts relating to the petitioner herein are the following. 2. She was appointed as Part time Sweeper in the 3rd respondent Panchayat with effect from October 1998. The Panchayat had conducted a selection and interview. Pursuant to the selection and interview, the petitioner was appointed. Exhibit-P1 certificate shows that she had been working as a Part-time Sweeper in the Panchayat with effect from October 1998 to 20. 2.2005. Petitioner had filed Exhibit-P2 representation before the Director seeking for regularization as a Part time Sweeper. W.P ( C) No. 15701 of 2007 2 3. The scheme framed by the Government for regularization of Part-time Sweepers has been produced by the petitioner as Exhibit-P4. The above scheme was framed based on the judgment in WA No.1863 of 2004. Going by the said scheme, if the sweeping area is above 100 sq.mts such of those Part-time Sweepers are entitled for regularization. The Government will have to pass appropriate orders in the matter by creating a post. Subsequent orders have been passed by the Government by making applicable Exhibit-P4 in respect of Part-time Sweepers working in the Panchayats also. 4. In Exhibit-P7 the stand taken by the Government is that the petitioner is not entitled for regularization as she was appointed on a daily wage basis. 5. As already noticed, the said issue is covered by the judgment of this Court in WPC No.19186 of 2005 and connected cases. This Court after elaborately considering the matter held that the petitioners are entitled for benefits of regularisation and for protection of wages as W.P ( C) No. 15701 of 2007 3 per clause 11 of G.O (P) No.501/2005. Further directions have been issued in the respective cases also. 6. In the counter affidavit filed by the Panchayat, the facts raised by the petitioner in the writ petition have been admitted regarding the sweeping area also. In paragraph 7, it is submitted that the Panchayat has complied with the directions in Exhibit-P4 to measure out the sweeping area with the help of PWD officials. 7. In the result, Exhibit-P7 is quashed. There will be a direction to the Government to pass fresh orders in the light of the binding directions issued in the judgment in WPC No.19186 of 2005 and connected cases. The rights of the petitioner for the benefits under Exhibit-P4 Government order is hereby declared. Appropriate orders will be passed within a period of three months from the date of receipt of a copy of this judgment. Petitioner will also be entitled for payment of arrears of wages which will be specified in the orders to be passed. The same shall be disbursed by the Panchayat within a period of two months W.P ( C) No. 15701 of 2007 4 from the date of receipt of the Government Order. The petitioner will be allowed to continue in the light of the interim order passed by this Court. The writ petition is allowed as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 15701 of 2007 5 W.P ( C) No. 15701 of 2007 6