IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 21731 of 2005(K) -------------------------- PETITIONER: ------------ E. MADHAVI, D/O. LATE KARTHYAYINI, AGED 51 YEARS, RESIDING AT KUTTIAYARATHU VEEDU, CHENNITHALA VILLAGE, MAVELIKKARA. (WORKING AT THE O/O. THE POLICE STATION VENMONY). BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY HOME SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 3. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 6. SRI. JACOB JOB, DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR. 7. SRI LALI MOHAN, PART TIME SWEEPER, AT PRESENT WORKING IN THE OFFICE OF SUB INSPECTOR OF POLICE, MANNAR. ADDL. 8. THE KERALA WOMEN'S COMMISSION, THYCAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. ADDL. R8 IS IMPLEADED AS PER ORDER ON I.A.12361 OF 2005 DATED 22.11.2005 R1 TO R5 BY GOVERNMENT PLEADER SMT. SMITHA BY ADV. SRI.K.SASIKUMAR FOR R7 BY ADV. SMT.PARVATHI MENON.A., SC.,KWC FOR ADDL.R8 BY ADV. SRI.N.RAGHURAJ FOR R6 BY ADV. SMT.K.AMMINIKUTTY FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. A2-52579/96A OF ADO 431/96 OF SP, ALAPPUZHA. EXT.P2 TRUE COPY OF THE ORDER NO. A2-52579/95 IN ADO NO. 52600 DATED AND SIGNED ON 29.10.98 ISSUED BY SP, ALAPPUZHA. EXT.P3 TRUE COPY OF REPRESENTATION DATED 18.11.98 SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF INDIA. EXT.P4 TRUE COPY OF THE LETTER NO. P2-8-9--5 DATED 18.12.98 RECEIVED BY THE PETITIONER FROM SECRETARIAT OF THE HON'BLE PRESIDENT OF INDIA PUBLIC - 2 SECTION, NEW DELHI. EXT.P5 TRUE COPY OF THE ORDER NO. A2-4489/99 IN ADO 484/99 DATED 23.9.99 OF SP OF ALAPPUZHA. EXT.P6 PHOTOCOPY OF A GROUP PHOTOGRAPH OF THE POLICE OFFICIALS AND STAFF TAKEN ON THE EVE OF RETIREMENT OF SOME OF THEIR STAFF IN WHICH PETITIONER CAN BE SEEN. EXT.P7 TRUE COPY OF THE CERTIFICATE ISSUED BY SI OF POLICE VENMONY PS DATED 25.9.99 EXT.P8 PHOTOCOPY OF A DOCUMENT SHOWING DETAILS OF DESPATCH NO., DATE, ETC., OF THE ATTENDANCE OF THE PETITIONER FOR THE PERIOD FROM 30.9.99 TO 14.8.01 EXT.P9 TRUE COPY OF THE LETTER NO. C1-17677/2000 ER DATED 6.11.2000 ISSUED BY THE POLICE DEPUTY INSPECTOR GENERAL, ERNAKULAM ZONE, ERNAKULAM, REGARDING PAYMENT OF ARREARS OF SALARY OF THE PETITIONER. EXT.P10 TRUE COPY OF THE JUDGMENT DATED 4.12.2003 IN CALENDAR CASE NO. 48/99 FILED BY THE PETITIONER IN THE COURT OF JUDL. I CLASS MAGISTRATE, CHENGANNUR. EXT.P11 TRUE COPY OF THE LETTER NO. 287 CMP GRO 2001 CAD. ISSUED BY CHIEF MINISTER'S PUBLIC GRIEVANCES REDRESSAL CELL, SECRETARIAT, TRIVANDRUM. EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 18.11.2004 TO THE REGISTRAR OF THE HIGH COURT OF KERALA, ERNAKULAM SUBMITTED BY THE PETITIONER. EXT.P13 TRUE COPY OF THE FORWARDING LETTER DATED 26.8.2004 ISSUED BY SRI. V.S. ACHUTHANANDAN, LEADER OF THE OPPOSITION, KERALA, LEGISLATIVE ASSEMBLY, TRIVANDRUM, TO THE THEN CHIEF MINISTER, SHRI. A.K. ANTONY, FORWARDING PETITIONER'S REPRESENTATION. EXT.P14 TRUE COPY OF THE REPRESENTATION DATED 16.5.2002 SUBMITTED BY THE PETITIONETR TO THE DIRECTOR GENERAL OF POLICE, KERALA, TRIVANDRUM. EXT.P15 TRUE COPY OF THE JUDGMENT DATED 8.11.2002 IN C.C.CNO. 1135 OF 2002 OF THIS HON'BLE COURT. EXT.P16 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY MAVELIKKARA EMPLOYMENT EXCHANGE. EXT.P17 TRUE COPY OF THE REPRESENTATION DATED 2.5.2001 SUBMITTED BY THE PETITIONER BEFORE THE KERALA WOMEN'S COMMISSION, THYCAUD, TRIVANDRUM. EXT.P18 TRUE COPY OF THE LETTER DATED 20.7.99 ISSUED BY THE 5TH RESPONDENT TO THE DGP. 3 EXT.P19 TRUE COPY OF THE STATEMENT OF FACTS SUBMITTED BEFORE THIS HON'BLE HIGH COURT IN OP 2570 OF 1998 BY THE CI OF POLICE, MANNAR. EXT.P20 TRUE COPY OF THE COMPLAINT DATED 8.12.98 FILED BY THE PETITIONER. EXT.P21 TRUE COPY OF THE COMPLAINT DATED 28.12.98 FILED BY THE PETITIONER AGAINST 6TH RESPONDENT. EXT.P22 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 5TH RESPONDENT. EXT.P23 TRUE COPY OF THE LETTER NO. 64562/K2/98/HOME DATED 26.11.98 ISSUED BY THE PRINCIPAL SECRETARY TO DIG EXT.P24 TRUE COPY OF THE JUDGMENT DATED 18.2.2002 IN OP 25770 OF 1998 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P25 TRUE COPY OF THE ORDER DATED 14.3.2003 IN CMP 59627/02 IN CCC 1135/02 PASSED BY THIS HON'BLE COURT. EXT.P26 TRUE COPY OF THE ORDER NO. G.O.(Rt) NO. 1735/2007/HOME DATED 28.6.07 ISSUED BY THE HOME DEPARTMENT. EXT.P27 TRUE COPY OF THE PAPER REPORT IN MALAYALA MANORAMA DAILY DATED 12.2.2008 REGARDING CONTINUATION OF SWEEPER. EXT.P28 TRUE COPY OF THE REPRESENTATION DATED 12.3.2007 SUBMITTED BY THE PETITIONER TO THE HON'BLE PRIME MINISTER OF INDIA EXPRESSING HER GRIEVANCES AND FOR A FAVOURABLE ACTION. EXT.P29 TRUE COPY OF THE LETTER NO. 09/3/2007-PMP-4/750818 DATED 25.4.2007 ISSUED BY THE PRIME MINISTER'S OFFICE. EXT.P30TRUE COPY OF THE LETTER NO. 40054/K2/07/HOME DATED 3.11.2007 ISSUED BY SRI. R. MADHUSUDANAN NAIR, UNDER SECRETARY, GOVERNMENT OF KERALA, TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 21731 OF 2005 -------------------------------------------- Dated this the 13th day of June, 2008 JUDGMENT W.P. is filed for direction to respondents to restore employment to the petitioner in the Police Station as Sweeper. Petitioner was appointed as part-time sweeper in August, 1996 and after continuing for 2 years, petitioner went abroad. However, petitioner was misled by somebody and petitioner really did not get employment abroad. On return, petitioner could not be taken at Mannar Police Station, as there was somebody appointed in that post. Therefore the Superintendent of Police, Alleppey appointed the petitioner as part-time sweeper in the Venmony Police Station for two years, that is from September, 1999 to August, 2001. Petitioner continued in Venmony Police Station upto 2.4.2002 when she was replaced by a person sent by the Employment Exchange. Petitioner then sent a representation to the President of India, which led to the State Government opening a file in the petitioner's name. Counsel for the petitioner referred to Ext.P30 issued by the Addl. Chief Secretary to Govt., Department of Home, stating that petitioner's representation dated 12.3.2007 is not considered 2 because the matter is pending before this Court in this Writ Petition. In the circumstances, I close the WPC with direction to Government to consider petitioner's representation dated 12.3.2007 and grant whatever relief that could be granted to the petitioner at the earliest. In any case petitioner should be informed of the result of representation. Petitioner should be given an opportunity to produce documents in support of her case and to represent the matter before the Government and a decision should be communicated to the petitioner within two months from the date of production of a copy of this judgment by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3