IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 9007 of 2009(U) ------------------------------------- PETITIONER(S): ---------------------- SMT.SHEENA A.M., AVANNOOR METHAL HOUSE, MUNDOTHE, P.O.ULLIYERI, KOZHIKODE DISTRICT, (TEMPORARY PART TIME SWEEPER). BY ADV. MR.P.NARAYANAN SMT.M.R. JAYALATHA. RESPONDENT(S): ----------------------- 1. THE DIRECTOR, DEPT. OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. 2. THE DISTRICT ANIMAL HUSBANDRY OFFICER, KOZHIKODE. 3. VETERINARY SURGEON, VETERINARY DISPENSARY, ULLIYERI, MUNDOTH P.O., KOZHIKODE. 4. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVT., ANIMAL HUSBANDRY DEPT., SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9007/2008-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(P)NO.501/2005 DATED 25/11/2005 ISSUED BY THE GOVT. EXT.P2: COPY OF THE ORDER NO.B.2/4171/087 DATED 06/08/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE AFFIDAVIT SWORN BY SOBHANA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 9007 of 2009 U =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of June, 2009 JUDGMENT Heard Smt. M.R. Jayalatha, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Casual Sweeper in the Veterinary Dispensary at Ulliyeri in Kozhikode district. According to the petitioner, she has been continuously working in the Veterinary Dispensary from March 2002 onwards. It is not in dispute that the sweeping area of the establishment where the petitioner is employed exceeds 100 Sq. mtrs. and therefore, a post of Part-time Contingent Sweeper can be created in the said establishment. After G.O.(P) No.501/2005/Fin. dated 25-11-2005 was issued, the petitioner moved for regularization of her service. That request was rejected by the District Animal Husbandry Officer stating that besides the petitioner yet another woman by name Smt. Sobhana is working as Casual Sweeper, that two Casual Sweepers are working on rotation basis and no one among them can claim regularization in terms of G.O.(P) No.501/2005/Fin. dated 25-11-2005. The said order is under challenge in W.P.(C) No. 9007/09 2 this writ petition. 3. The pleadings disclose that Smt. Sobhana was also working as Casual Sweeper along with the petitioner in the Veterinary Dispensary at Ulliyeri. According to the petitioner, Smt. Sobhana has executed Ext.P4 letter relinquishing her claim for regularization and, therefore, as the petitioner is the only person who is entitled to claim regularization, the District Animal Husbandry Officer ought to have forwarded the proposal to regularize the petitioner in service to the Government, which is the competent authority to order regularization. 4. A reading of Ext.P2 indicates that the request made by the petitioner for regularization in the light of Ext.P4 letter of relinquishment submitted by Smt. Sobhana stands rejected. On the terms of the G.O.(P) No.501/2005/Fin. dated 25-11-2005 the Government alone is the authority competent to issue orders of regularization. In my opinion, the Government can while considering the petitioner's claim for regularization also go into the question whether Smt. Sobhana named in Ext.P4 has relinquished her claim. I accordingly dispose of this writ petition with the following directions:- 1) The second respondent shall in consultation with the third respondent forward the proposal to regularize the petitioner in service as a Casual Sweeper in the W.P.(C) No. 9007/09 3 Veterinary Dispensary at Ulliyeri to the Secretary to Government, Animal Husbandry Department, after ascertaining the sweeping area with notice to and in the presence of the petitioner. This shall be done within two months from today. 2) The Secretary to Government, Animal Husbandry Department shall, within the period of three months from the date of receipt of the proposal from the second respondent, consider whether the service of the petitioner can be regularized in terms of G.O.(P) No.501/2005/Fin. dated 25-11-2005. 3) The Government shall before taking a decision in the matter afford the petitioner and Smt. Sobhana named in Ext.P4 a reasonable opportunity of being heard. The Government shall after orders are passed as directed above, communicate copies thereof to the petitioner and Smt. Sobhana. 4) The petitioner shall produce the original of Ext.P4 before the Government at the time of hearing. P.N.RAVINDRAN, JUDGE. mn.