IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 5705 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------- R.AMBIKA,W/O.VIJAYAN, PART-TIME SWEEPER, ADOOR KRISHI BHAVAN, ADOOR P.O., PATHANAMTHITTA. BY ADV.MR.M.V.THAMBAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVEORNMENT, DEPT.OF AGRICULTURE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURE OFFICER, PATHANAMTHITTA. 4. AGRICULTURAL OFFICER ADOOR KRISHI BHAVAN,ADOOR (PO) PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5705/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 14/10/2003 IN WPC.NO.32022/2003. EXT.P2: COPY OF THE JUDGMENT DTD. 18/06/2004 IN WPC.NO.17638/2004. EXT.P3: COPY OF THE G.O.NO.(P) 501/2005/FIN. DTD. 25/11/2005. EXT.P4: COPY OF THE JUDGMENT DTD. 21/07/2006 IN W.P.NO.13323/2006. EXT.P5: COPY OF THE LETTER NO.37117/AF3/07/AD. DTD. 10/12/2007. EXT.P6: COPY OF THE JUDGMENT DTD. 4/01/2008 IN CC(C) NO.1687/2007(S). RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5705 of 2008-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of April, 2009. JUDGMENT The only issue arising here is regarding the entitlement of payment of wages to the petitioner at the rate applicable to regular part-time sweepers. 2. The petitioner is presently working as Part-time sweeper in Adoor Krishi Bhavan Office. Her tenure started on 22.9.1998 and her initial pay was Rs.110/- which was enhanced to Rs.600/- from 1.3.1997. As per Ext.P1 judgment, this court directed the authorities to pass appropriate orders and extend the benefit of payment of wages as effective from 25.11.1998. The sweeping area which was measured at that time was 107.35M2. 3. Subsequently, the petitioner was receiving a regular scale of pay of Rs.1250/- + DA per month up to March and thereafter it was reduced to Rs.600/-. 4. Pursuant to the judgment of this court in Writ Appeal No.1863/2004 regarding regularization of part-time sweepers, the Government has framed a scheme as per G.O.(P)No.501/2005 dated 25.11.2005, produced as Ext.P3 herein. Para 11 of the said G.O. which is wpc 5705/2008 2 relevant for the purpose of this case, show the following: “The guidelines at Appendix shall also be applied to offices which already have part-time contingent sweepers. If, consequent to the re- fixation of the area in such offices in accordance with the guidelines, the sweeping area increases from below 400 mtres. to above 400 mtrs. the part-time sweeper concerned shall be entitled to the higher remuneration of Rs.1500 plus DA, but with effect from the date of the Government Order only. If the area reduces from above 400 mtrs. to below mtrs, the remuneration of the particular part-time sweepers shall not be reduced from Rs.1500 plus DA. The existing incumbent shall continue to get what he was getting. But the employee posted against the next vacancy should be given wages as per the rules. If, on fixation, the sweeping area reduces from above 100 sq. mtrs. to below 100 sq. mtrs, the remuneration of the existing part-time sweeper, if he is getting Rs.1250 p.m. plus DA, shall not be reduced. He shall continue to get what he was getting. Here also, the next vacancy in the post should be filled up by a causal sweeper only, by paying Rs.600 per month.” Therefore, even if the sweeping area is reduced, the persons working will be protected as regards payment of wages. Accordingly, the petitioner approached this court by filing W.P.(C) No.13323/2006 which was allowed by Ext.P4 judgment. After referring to para 11 of Ext.P3, this court held that Ext.P4 being a Government Order all heads of offices and controlling authorities are bound to follow strictly the directions contained therein. It wpc 5705/2008 3 was held that part-time sweepers who are in service and have been getting pay and allowances at the rates mentioned in para 11 on the appointed day, shall continue to get it on the strength of the direction contained in that paragraph. This will be so, even if there takes place a reduction of the sweeping area under the norms newly introduced. Since the said judgment was not implemented, the petitioner filed C..C.C.No.1687/2007. The respondents then relied upon Ext.P5 dated 10.12.2007 In Ext.P5 the view taken is that she is working only as part-time casual sweeper and hence she is not eligible for grant of the benefit in para 11 of the Govt. Order. The said view cannot be sustained in the light of various decisions of this court. Para 11 of the the Govt. Order dated 25.11.2005 protects the wages even if the sweeping area is reduced to below 100 sq. This court in Writ Petition No.19186/2005 and connected cases, held that the persons working on daily wages as well as casual sweepers will also be covered by the provisions of the Govt. Order dated 25.11.2005. The entitlement of the petitioner for enhanced wages is therefore declared. She is entitled for arrears from April 2006 as revised from time to time. Therefore, there will be a direction to the respondents to disburse the arrears from 1.4.2006 at the revised rate and wpc 5705/2008 4 to continue to pay the same at such rate in future. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/