IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9440 of 2009(Y) ------------------------- PETITIONER: --------------- JAYARANI.P.S.,AGED 37 YEARS, W/O.JAMES,KAYYALAKKAL, KOOTTICKAL P.O.,KOTTAYAM DISTRICT, (PART-TIME CASUAL SWEEPER AT KOOTTICKAL GRAMA PANCHAYAT OFFICE) BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, KOTTAYAM. 4. THE SECRETARY, KOOTTICKAL GRAMA PANCHAYAT, KOOTTICKAL P.O.,KOTTAYAM DISTRICT. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.9440 of 2009 -------------------------- Dated this the 24th March,2009 J U D G M E N T The petitioner is working as Part-time Casual Sweeper under the 4th respondent Panchayat. She is working as such from 9.6.2000 without any break. Pursuant to Exhibit-P1 judgment rendered by a Division Bench of this Court, the Government has framed guidelines as per G.O (P) 501/05/Fin. Dated 25.11.2005 for regularising the casual sweepers and part-time sweepers etc. Even though there was a confusion regarding the applicability of the said Government order in relation to part-time sweepers working in Panchayat service that was clarified as per Exhibit-P3 letter dated 6.5.2006 issued by the Secretary to Government, Local Self Government (H) Department). The sweeping area in relation to the petitioner as measured is 230.74 sq.mtrs. Accordingly the Panchayat has taken a resolution as per Exhibit-P4 seeking for creation of a post of part-time sweeper and to regularise the petitioner in the said post. Applications have been forwarded as per Exhibit-P5 to the Deputy Director of Panchayat, Kottayam. Again the W.P ( C) No.9440 of 2009 2 Secretary of the Grama Panchayat by Exhibit-P6 has forwarded the sweeping area certificate and the details to the Deputy Director, Kottayam for taking further action. 2. It is up to the Government to take a decision on the applications so submitted by the Panchayat in accordance with the relevant Government Orders especially G.O (P) 501/05/Fin. Dated 25.11.2005. The said Government Order confers various benefits on the part-time sweepers and casual sweepers etc. 3. In the result, the writ petition is disposed of directing the 3rd respondent herein to forward the applications and other details of the petitioner to the 1st respondent through proper channel within a period of one month from the date of receipt of a copy of this judgment. First respondent will pass appropriate orders within a further period of three months thereafter. She will be entitled for monetary benefits also. Petitioner will not be disengaged from service pending the orders to be passed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.9440 of 2009 3 W.P ( C) No.9440 of 2009 4