IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 17514 of 2009(H) -------------------------- PETITIONER(S): --------------- CHELLATHAI, PART TIME SWEEPER, P.H.SUB DIVISION, KERALA WATER AUTHORITY, PAINAVU, IDUKKI DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENT(S): --------------- 1. THE KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-33. 2. THE EXECUTIVE ENGINEER, PH DIVISION, KERALA WATER AUTHORITY, THODUPUZHA, IDUKKI DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, PH SUB DIVISION, KERALA WATERM AUTHORITY, PAINAVU, IDUKKI DISTRICT. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17514/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER NO.476/SCC/2000/JB/KWA DATED 09/08/2000 OF THE CHIEF ENGINEER, THIRUVANANTHAPURAM. P2 : COPY OF APPLICATION ALONG WITH COVERING LETTER DATED 31/07/2008. P3 : COPY OF FILLED PROFORMA OF THE PETITIONER FOR REGULARISATION. P4 : COPY OF ORDER DATED NO.KWA/JB/B13/915/02 DATED 23/04/2008 OF R1. P5 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R1. P6 : COPY OF COMMUNICATION DATED 23/09/2009 FROM R1 TO THE PETITIONER. P7 : COPY OF ORDER NO.KWA/JB/E13/915/02 DATED 23/04/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17514 of 2009 (H) --------------------------------- Dated, this the 29th day of July, 2010 J U D G M E N T The petitioner submits that she is working as a Part Time Sweeper in PH Sub Division Office of the Kerala Water Authority at Painavu in Idukki District, since 01/03/1983. In this writ petition she claims regularisation on the basis of GO(P) No.501/2005/Fin dated 25/11/2005. It is seen that pursuant to the directions of this Court in the order dated 11/08/2009, the claim was considered and the respondent Authority has passed Ext.P6 order dated 23/09/2009 rejecting her claim for regularisation, mainly on the ground that the petitioner was not engaged through Employment Exchange. There is also a prayer for quashing Ext.P6. 2. GO(P) No.501/2005/Fin. dated 25/11/2005 provides for regularisation of part time sweepers has been covered by the said order. This Government Order has subsequently been clarified by GO(P) No.61/2010/Fin. dated 09/02/2010. Evidently Ext.P6 order has been passed prior to the issuance of GO(P) No.61/2010/Fin. WP(C) No.17514/2009 -2- dated 09/02/2010. That apart, according to the petitioner, similarly situated persons have been regularised as per Ext.P7 order. The relevance of Ext.P7 order also was not taken into account while issuing Ext.P6. In view of the above, I quash Ext.P6 order dated 23/09/2009 and direct the 1st respondent to reconsider the claim of the petitioner for regularisation in the light of GO(P) No.501/2005/Fin. dated 25/11/2005 and GO(P) No.61/2010/Fin. dated 09/02/2010. The relevance of Ext.P7 order shall also be considered. Orders as above shall be passed as expeditiously as possible, at any rate, within three months of receipt of a copy of this judgment. In the meanwhile, interim order directing the respondents to retain the petitioner in service will be continued. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg