IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 26575 of 2008(L) --------------------------------------- PETITIONER(S): ----------------------- JYOTHISH KUMAR.G., PART TIME CASUAL SWEEPER, ENADIMANGALAM GRAMA PANCHAYATH, P.O.ELAMANNOOR, PATHANAMTHITTA DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. THE PANCHAYATH DEPUTY DIRECTOR, PATHANAMTHITTA. 4. THE SECRETARY, ENADIMANGALAM GRAMA PANCHAYATH, ELAMANNOOR P.O. PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26575/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER DT. 6.5.06 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE G.O.(P) 501/2005 DT. 25.11.05. P3:- COPY OF THE RESOLUTION NO.III DT. 13.7.06 ISSUED BY THE PANCHAYAT. P4:- COPY OF THE ORDER DT. 15.7.06. P5:- COPY OF THE LETTER DT. 26.9.06 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE LETTER DT. 19.7.08. P7:- COPY OF THE INTERIM ORDER DT. 12.8.08 IN WPC. 24222/08. P8:- COPY OF THE INTERIM ORDER DT. 14.8.08 IN WPC. 24684/08. P9:- COPY OF THE INTERIM ORDER DT. 18.8.08 IN WPC. 24758/08. P10:- COPY OF THE INTERIM ORDER DT. 19.8.08 IN PC. 24912/08. P11:- COPY OF THE INTERIM ORDER DT. 29.8.08 IN WPC. NO.26149/08. P12:- COPY OF THE RELEVANT PAGES OF THE MUSTER ROLL. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26575 of 2008-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2009. JUDGMENT The petitioner is working as a Part-time Casual Sweeper under the 4th respondent Panchayat. He has been working as such since 1.3.2004. The Panchayat passed a resolution as per Ext.P3 to appoint the petitioner as Part-time Sweeper on a regular basis in terms of G.O.(P) No.501/2005/Fin. dated 25.11.2005. The Panchayat has also resolvedt to give all the benefits of pay revision and other allowances along with arrears. Ext.P4 is the consequent order passed by the Panchayat. Ext.P5 shows that the Deputy Director of Panchayat informed the Secretary of Erath Grama Panchayat that the Sweepers appointed on daily wage basis in Panchayats before 9.9.2005 could be regularised in service in the light of G.O.(P) No.501/2005/Fin. dated 25.11.2005 which has been made clear in the letter dated 6.5.2006 by the Secretary to Government, Local Administration Department. But, by Ext.P6 regularisation of daily wages Sweepers was objected by the Deputy Director. Apprehending that the petitioner will be terminated from service, he has filed this writ petition. 2. Exts.P7 to P11 are interim orders passed in various writ petitions wpc 26575/2008 2 pending before this court in similar cases. Ext.P2 is the scheme framed by the Government to confer the benefits of regularisation on Part-time Sweepers. Ext.P1 shows that the Government has clarified that the same will apply to casual sweepers appointed in the Panchayats also. 3. In the counter affidavit filed on behalf of the third respondent, it is submitted that since the petitioner is working only on daily wages, he is not entitled for the benefit of Ext.P2 Government Order. 4. The question is whether Ext.P2 will apply to the persons like the petitioner. The question whether the benefit of Ext.P2 will apply to daily wages sweepers, has been decided by this court in a batch of cases in Writ Petition No.19186/2005 and connected cases. The question was elaborately considered and ultimately it is found that the benefit could be granted. Detailed findings have been rendered therein directing the authorities to confer the benefits on the respective petitioners therein also. Ext.P1 clarification issued by the Government is also specific in this regard. It is directed that the guidelines issued as per G.O.(P) No.501/2005 could be made applicable to casual sweepers appointed in Panchayats up to 9.9.2005 (date of the judgment in W.A.No.1863/2004 and allied matters). 5. In that view of the matter, the writ petition is allowed. It is declared that the petitioner is entitled for the benefit of Ext.P2 Govt. Order wpc 26575/2008 3 dated 25.11.2005. The first respondent will take appropriate action on Ext.P6 within a period of three months from the date of receipt of a copy of this judgment. The petitioner will be entitled for such benefits as are available as per Ext.P2 Govt. Order and consequential monetary benefits also will be disbursed. (T.R. Ramachandran Nair, Judge.) kav/