IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 24954 of 2008(U) -------------------------------------- PETITIONER: ------------------ M. SASANKAN, S/O. LATE APPU, AGED 52 YEARS, MANIKOTH HOUSE, KALOORTHAZHAM PARAMBA, PUTHIYARA.P.O, KOZHIKODE - 673 004. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF POLICE, OFFICE OF I.G NORTHERN REGION, KOZHIKODE. SR. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ====================================== W.P.(C)No.24954 of 2008 ====================================== Dated this the 19th day of August 2008 JUDGMENT The petitioner was appointed as Part-time Sweeper in the office of the Inspector General of Police, Northern Region, Kozhikode. The order of appointment is evidenced by Ext.P2 dated 8.7.2005. The appointment was made under Rule 9(a)(1) of Part II of the KS & SSR for a period of 179 days. Ext.P2 discloses that the name of the petitioner was sponsored by the District Employment Exchange, Kozhikode. On the cessation of the vacancy, the petitioner's service was terminated and she was relieved from service on 14.1.2006. The petitioner has, in Ext.P7 representation dated 20.7.2006, requested the State Government to re-appoint him as Part-time Sweeper in the office of the Inspector General of Police, Northern Range, Kozhikode. The petitioner submits that he has crossed the upper age limit for appointment to the last grade service, that the appointment was made through the Employment Exchange, that his name was sponsored by the District Employment Officer, Kozhikode and that it is a permissible method of appointment under the W.P.(C)No.24954/2008 2 Special Rules for the Kerala Last Grade Service. The learned counsel for the petitioner also relies on the decision of a Division Bench of this Court Sreekala v Superintendent, Oldage Home (2008(2) KLT 13) in support of the said submission. 2. I have heard Smt.Latha Prabhakaran, the learned counsel appearing for the petitioner and Smt.M.R.Sreelatha, the learned Senior Government Pleader for the respondents. The question whether the petitioner's appointment was against a regular post and though one made under Rule 9(a)(1) of Part II, KS&SSR was in tune with the method of appointment prescribed for the post of Part-time sweeper, is a matter for the first respondent to decide. In the circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P7, if it is still pending, after notice to the petitioner and affording him an opportunity of being heard. This shall be done within a period of three months from the date of receipt of a copy of this judgment. P.N.RAVINDRAN, JUDGE css/