IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 10206 of 2007(M) -------------------------- PETITIONER: ------------ JAINAMMA JOSEPH, SWEEPER, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES DEPARTMENT, KOTTAYAM (RESIDING AT PULICKASSERY, KILIROOR, KANJIRAM P.O., KOTTAYAM DIST.). BY ADV. SRI.P.C.HARIDAS RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SPECIAL SECRETARY TO GOVERNMENT, TAXES (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES DEPARTMENT, KOTTAYAM. BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10206 of 2007 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: TRUE COPY OF THE REPRESENTATION DATED 16.2.1993 OF THE PETITIONER EXT.P2: TRUE COPY OF THE G.O (P) NO.501/2005/Fin. DATED 25.11.2005 EXT.P3: TRUE COPY OF THE CERTIFICATE OF THE PWD ENGINEER EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 02.03.2007 OF THE PETITIONER EXT.P5: TRUE COPY OF THE G.O (RT) NO.683/06/TD DATED 10.11.2006 /TRUE COPY/ P.A. TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.10206 of 2007 -------------------------- Dated this the 20th June, 2008 J U D G M E N T Petitioner is working as Casual Sweeper in the office of the 3rd respondent. She claims that the sweeping area serviced by her is 147.26 sq.mtrs. Therefore, she is entitled to be regularised in service. Sanctioning of posts of Part time Sweepers on the basis of the sweeping area and regularisation of the incumbents is now governed by Exhibit-P2 Government Order. 2. Apparently, an application for regularising the petitioner's services has been forwarded by the Inspecting Assistant Commissioner (Intelligence) to the 2nd respondent and the same is pending. But decision can be taken only by the 2nd respondent. W.P ( C) No.10206 of 2007 2 In the result, the writ petition is disposed of in the following terms: i) Second respondent shall, within a period of three months from the date of receipt of a copy of this judgment, take a decision on the petitioner's claim for regularisation of her services and absorption as Part time Sweeper in the office of the 3rd respondent, in accordance with the prescription contained in G.O (P) No.501/2005/Fin. Dated 25.11.2005. If the papers which are currently stated to be pending has not reached the 2nd respondent, he shall ensure that such papers are forwarded to his office and decision, as directed above, shall be taken, within the time frame, as directed above. Petitioner shall produce a copy of the writ petition along with copy of the judgment before the 2nd respondent, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No.10206 of 2007 2 W.P ( C) No.10206 of 2007 2