IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 30864 of 2008(Y) -------------------------- PETITIONER(S): ------------------ CHANDRIKA.K.P, KURUVANAM PARAMBA, P.O.MALAPARAMBA, KOZHIKODE-673009.(PART TIME SWEEPER,NH.SUB DIVISION, P.W.D, KOZHIKODE) BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D, ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, N.H.DIVISION, P.W.D, KOZHIKODE. 4. THE ASSISTANT EXECUTIVE ENGINEER, N.H.SUB DIVISION,P.W.D, KOZHIKODE. *ADDL.5. V.BHASKARAN NAIR, N.H.BUILDING DIVISION, KOZHIKODE. (*DELETED FROM THE PARTY ARRAY AS PER ORDER DT 20.8.09 IN IA NO.10392/2009) GOVERNMENT PLEADER SRI.ANTONY MUKATH FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30864/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DATED 6.10.2005 IN WPC 4698/05. EXT.P2: TRUE COPY OF GO NO.501/2009/FIN. DT 25.10.2005. EXT.P3: TRUE COPY OF REPRESENTATION DT 8.12.2005 FROM THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF the LETTER DT 6.2.2006 ISSUED BY SUPERINTENDING ENGINEER TO THE 2ND RSPONDENT. EXT.P5: TRUE COPY OF SWEEPING AREA CERTIFICATE DT 4.12.2006. EXT.P6: TRUE COPY OF ANNEXURE TO LETTER NO.C1/1031/2004 DT 4.6.2007. EXT.P7: TRUE COPY OF THE ORDER DT 9.11.2007. EXT.P8: TRUE COPY OF COMMUNICATION FROM ADVOCATE GENERAL DT 10.2.2005. EXT.P9: TRUE COPY OF THE ORDER DT 3.10.2008 OF THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF THE LETTER DT 17.10.2008 OF THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30864 OF 2008 (Y) ===================== Dated this the 18th day of December, 2009 J U D G M E N T Petitioner was appointed as a Part Time Sweeper in the office of the Assistant Executive Engineer, By Pass Sub Division, Kozhikode for the period from 1/7/99 to 31/12/2003. Thereafter, from 1/1/2004, she is continuing as Part Time Sweeper in the office of the 4th respondent. In this writ petition, she is challenging Ext.P10, by which her claim for regularisation on the strength of Ext.P2 Government Order has been rejected. The reason stated in Ext.P10 is that the petitioner was not engaged through the employment exchange. 2. Ext.P2 is the Government Order dated 25/11/2005 providing for regularisation of existing casual part time sweepers like the petitioner. Admittedly, she has been continuing in the office of the 4th respondent from 1/1/2004, and if that be so, irrespective of whether the initial engagement of the petitioner was through the employment exchange or otherwise, she is eligible for the benefit of regularisation, provided the sweeping area is not less than 100 m2. In this case, there does not seem to WPC 30864/08 :2 : be any controversy in that respect, in as much as, Ext.P5 certifies the sweeping area to be more than 100m2. If so, the view taken in Ext.P10 is erroneous and the petitioner is entitled to be regularized w.e.f. 1/1/2004. 3. Accordingly, I quash Ext.P10 and direct the respondents to regularize the service of the petitioner extending her the benefit of Ext.P2 Government Order referred to above and w.e.f. 1/1/2004. Orders in this behalf shall be passed by the 1st respondent, as expeditiously as possible, at any rate within 2 months of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp