IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 37686 of 2008(J) -------------------------- PETITIONER: --------------- MURALEEDHARA PISHARADY K.K., PART TIME CASUAL SWEEPER, KRISHI BHAVAN, PEERMADE, IDUKKI DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURE OFFICER, IDUKKI. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.37686 of 2008 -------------------------- Dated this the 16th March,2009 J U D G M E N T The petitioner is working as a Part-time Casual Sweeper in Krishi Bhavan, Peermade. The petitioner has been working there since 1.11.1987. According to the petitioner, the sweeping area of the office is 110 sq.mtrs, which is evidenced by Exhibit-P1 dated 30.9.2003. Petitioner had approached this Court earlier by filing WPC No.32170 of 2003 to ensure that he gets the benefit of Government Orders in respect of wages. This was disposed of by Exhibit-P2 judgment declaring that the petitioners are to be paid wages as admissible by Government Orders governing the issue from time to time and respondents were directed to pass appropriate orders in the matter. Accordingly, the petitioner was paid arrears of salary to the tune of Rs.84,000/- in the year 2004. Subsequently his wages were enhanced from Rs.1000/- to 1250/- p.m+ D.A which was received by him from time to time up to two years. It appears that the W.P ( C) No.37686 of 2008 2 sweeping area was re-measured by which it stands reduced to 79.34 sq.mtrs. The petitioner's salary was reduced from January 2006 which according to the petitioner is against the scheme provided in G.O (P) 501/05/Fin. Dated 25.11.2005. 2. The main prayer in the writ petition is for a direction to the respondents to continue to pay the enhanced wages due to the petitioner as was being paid to him on the basis of Exhibit-P2 judgment along with arrears from 2006. 3. Third respondent has filed a statement. It is admitted that arrear amount of Rs.84,900/- was paid on 29.11.2004 for the period from 25.11.1988 to 30.9.2004 at the rate of Rs.1250+D.A. Pursuant to the issuance of G.O (P) 501/05/Fin. Dated 25.11.2005, the sweeping area was remeasured and it is now fixed as 79.34 sq.mtrs. Therefore, the application for regularisation of the casual sweeper could not be submitted to the Government. It is further pointed out that enhanced wages at Rs.1250+D.A was reduced to Rs.600/- from January, 2006 on wards W.P ( C) No.37686 of 2008 3 based on letter dated 27.6.2007 issued by the Government addressed to the Director of Agriculture. 4. Going by para 11 of G.O (P) 501/05 even if the sweeping area is reduced, the part-time sweepers are entitled for the benefit of wages as they were receiving from time to time. 5. The question whether casual sweepers are covered by the said provision or not was decided in a batch of cases in WPC No.19186 of 2005 and connected writ petitions. After considering various aspects it was held in para 20 of the judgment that clause 11 of the Government Order in so far as it protects the wages being drawn by the part-time sweepers in the event of refixation of sweeping area must be extended to casual sweepers also. 6. In para 11 of the said Government Order, it has been specifically mentioned that “If on fixation, the sweeping area reduces from above 100 sq.mtrs to below 100 sq.mtrs, the remuneration of the existing part-time sweeper, if he is getting Rs.1250 p.m. plus D.A shall not be reduced. He shall continue to get what he was getting “. W.P ( C) No.37686 of 2008 4 7. Since this Court has already declared that the casual sweepers will also be entitled for the benefit of protection of wages, there cannot be any reduction as attempted above. 8. In that view of the matter, Exhibit R3 (a) cannot modify the Government Order dated 25.11.2005. The same cannot adversely affect the rights of the petitioner to receive wages at the rate of Rs.1250/- +D.A. 9. Therefore, the writ petition is allowed. Petitioner will be entitled to payment of wages at the rate of Rs.1250/- +D.A as was being paid to him. The arrears from January 2006 also will have to be disbursed to him. There will be a direction to the respondents to disburse the same within a period of three months from the date of receipt of a copy of this judgment. Petitioner will be entitled to be paid monthly wages at the rate of Rs.1250+ D.A as revised from time to time. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.37686 of 2008 5 W.P ( C) No.37686 of 2008 6