IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 37336 of 2008(T) --------------------------------------- PETITIONER(S): ------------------------ SMT. P.P.BABY THIRUTHIYIL HOUSE, P.O.PANNIKKODE,KOZHIKODE DT BY ADV. SRI.P.NARAYANAN RESPONDENT(S): -------------------------- 1. THE DIRECTOR DEPT OF ANIMAL HUSBANDRY,TRIVANDRUM. 2. THE DISTRICT ANIMAL HUSBANDRY OFFICER KOZHIKODE. 3. VETERINARY SURGEON VETERINARY DISPENSARY MUNDOTTUKULANGARA, KOZHIKODE, 4. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT ANIMAL HUSBANDRY DEPT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.37336/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O(P) NO.501/2005 DATED 25/11/2005 ISSUED BY THE GOVT. P2 COPY OF THE SWEEPING AREA CERTIFICATE AND THE DETAILS OF THE INCUMBENTS WORKED IN THE HOSPITAL FROM 01/04/2003. P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER. P4 COPY OF THE ORDER NO.4211/AHE2/08/AD DATED 13/8/2008 PASSED BY THE 4TH RESPONDENT. P5 COPY OF TE JUDGMENT IN W.A.1047/2008. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE DETAILS OF PERIOD OF ENGAGEMENT OF CASUAL SWEEPERS AT VETERINARY DISPENSARY, MUNDOTTUKULANGARA. R2(B) COPY OF THE GOVERNMENT LETTER NO.32139/AHE2/2007/AD /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 37336 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 J U D G M E N T The petitioner submits that the petitioner was the existing Casual Part-time Sweeper working on temporary basis in the Veterinary Hospital, Mundottukulangara as on the date of G.O.(P) No. 501/2005 dated 25.11.2005, having been continuously working from 18.10.2005 onwards in that post. The petitioner submits that, therefore, in accordance with the said Government order the petitioner is entitled to regularisation in service. But her claim in that regard has been rejected by Ext.P4 order on the ground that others were also working in that Veterinary Hospital from 01.04.2003 to 18.10.2005. The petitioner challenges the same seeking the following reliefs: “a) Issue a writ of Certiorari or any appropriate writ or order quashing Ext.P4 order passed by the 4th respondent b) Issue a writ of Mandamus or other appropriate writ or order directing the respondents to regularize the petitioner as Part Time Sweeper; c) Direct the respondents to pay arrears of salary from the date of his appointment till regularization “ W.P.(C)No. 37336 of 2008 -2- 2. A counter affidavit has been filed taking the stand that only those Part-time Sweepers who had continuous service as on the date of the G.O. is entitled to regularisation in service. 3. I have considered the rival contentions in detail. 4. Ext.P1 is the Government order by which the Government has decided to regularise the eligible Casual Part-time Sweepers in service. The learned Government Pleader could not point out to me from Ext.P1 Government order that the Government order contemplated regularisation in service only of Casual Part-time Sweepers having continuous service for any length of time. On the other hand what the Government order contemplates is absorption of existing Casual Sweepers. The respondents have no case that the petitioner was not the existing Casual Sweeper as on the date of the Government order. They also have no case that any other Casual Sweeper had raised a claim for regularisation as Part-time Sweeper in the said dispensary. In fact that is what has been held in Ext.P5 W.P.(C)No. 37336 of 2008 -3- judgment of the Division Bench of this court in W.A. No.1047/2008 also. Therefore I am satisfied that the petitioner is eligible for regularisation in terms of Ext.P1 order. No contention has been raised before me that there is no sanctioned post of Part-time Sweeper in Veterinary Hospital, Mundottukulangara. Accordingly I declare that the petitioner is entitled to regularisation in service as Part- time Sweeper in the said dispensary in accordance with Ext.P1 Government order. Consequently, I direct the respondents to see that orders are passed regularising the services of the petitioner as Part-time Sweeper in the said dispensary in accordance with Ext.P1 Government order and disburse the monetary benefits arising therefrom to the petitioner, as expeditiously as possible at any rate within a period of two months from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE