IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 31575 of 2008(H) -------------------------- PETITIONER(S): --------------------- GRACY THIKKUNNUMPURATH, W/O. JOY, AGED 40 YEARS, PART TIME CASUAL SWEEPER, VETERINARY DISPENSARY AT KOLAKKAD, KOLAKKAD VIA, IRITTY, KANNUR DISTRICT, NOW RESIDING AT THIKKUNNUMPURATH HOUSE, ODAPUZHA, KOLAKKAD.P.O. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------ 1. MEDICAL OFFICER/VETERINARY SURGEON, VETERINARY DISPENSARY KOLAKKAD, IRITTY (VIA), KANNUR DT. 2. SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT (A.H.E.) TRIVANDRUM. 3. DISTRICT MEDICAL OFFICER, DEPARTMENT OF ANIMAL HUSBANDRY, KANNUR. ADDL.R4. SRI.SAJI K.U, PART TIME SWEEPER, VETERINARY DISPENSARY, KOLAKKAD, KOLAKKADU P.O, IRITTY (ADDL.R4 IS IMPLEADED AS PER ORDER IN IA NO.2455 OF 2009 DATED 29/6/2010) SRI. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 SMT.M.R.JAYALATHA FOR ADDL.R4 SRI.M.C.RATNAKARAN FOR ADDL.R4 SRI.P.V.JOSE FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31575/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT IN WPC NO.558/2007 DT 175H FEBRUARY 2007. EXT.P2: TRUE COPY OF THE ORDER PASSED BY 2ND RESPONDENT DT 2/6/07 NO.737/AH.E2/07 AD. EXT.P3: TRUE COPY of THE GO.P NO.501/2005/FIN. DT 25/11/2005. EXT.P4: TRUE COPY OF THE JUDGMENT IN WPC 18934/07 DT 2/11/2007. EXT.P5: TRUE COPY OF THE ORDER DT 22/7/2008 GO(RT) NO.1400/08 AD EXT.P6: TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN WPC NO.18934/07. EXTS. OF R1 EXT.R1(a): COPY OF POSTING ORDER OF PART TIME SWEEPER BY THE DISTRICT ANIMAL HUSBANDRY OFFICER, KANNUR. EXT.P7: //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31575 OF 2008 (H) ===================== Dated this the 29th day of June, 2010 J U D G M E N T The challenge in the writ petition is against Ext.P5 to the extent the claim of the petitioner for regularization as a Part Time Sweeper raised in view of the provisions contained in Ext.P3 GO (P) No.501/2005/Fin. dated 25/11/05, was rejected. 2. A reading of Ext.P5 order shows that in the office of the 1st respondent, there was already a sanctioned post of Part Time Sweeper and that the Part Time Sweeper working in that post was transferred on 16/7/2001. Thereafter, four persons including the petitioner were engaged. When claim was raised by the petitioner for regularization, that was considered, and in view of the above factual position, the same was rejected by Ext.P5. It is also seen that subsequent to Ext.P5 and prior to the filing of this writ petition, as per Ext.R1(a) order dated 25/10/2007, the additional 4th respondent has been appointed on a regular basis as a Part Time Sweeper. 3. First of all, the appointment of the additional 4th respondent by Ext.R1(a) is not under challenge. Therefore, in the WPC No. 31575/08 :2 : absence of such a challenge, the petitioner cannot seek any relief in this writ petition. 4. Referring to Clause 10 of Ext.P3 Government Order dated 25/11/2005, counsel submits that if there are more than one claimant, such claimant could be appointed in any other office. It is stated that that the petitioner is willing to work in any other office, and therefore, her claim needs to be considered. However, a reading of Clause 10 shows that it only directs that such cases should be decided on a case to case basis, and does not in my view, create any obligation on the appointing authority to offer employment to all such Part Time Sweepers like the petitioner. Even otherwise, Clause 10 applies only to cases where termination of the Part Time Sweeper was by virtue of Government order dated 19/7/2003, which is not the case of the petitioner. The case of the petitioner therefore is not covered by Clause 10, and therefore, she cannot set up any claim for regularization. 5. Counsel for the petitioner submits that the pay as revised has not been paid for the period she was engaged. It is made clear that if the petitioner has any such monetary claims, it is open to the WPC No. 31575/08 :3 : petitioner to take up the matter before the 1st respondent, in which case, needful shall be done to redress her grievance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp