IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 23387 of 2007(H) -------------------------- PETITIONER(S): --------------- K.P.KARUNAKARAN, S/O K.KUNHAMBU, KUNHIMANGALAKARAN PUTHI YA PURAYIL HOUSE, PARIYARAM MEDICAL COLLEGE P.O., KANNUR DIST. (PART TIME CASUAL SWEEPER, ICDP SUB CENTRE, KADANNAPPALLY, KANNUR DISTRICT) BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDRY OFFICER, KANNUR. 4. THE ASSISTANT PROJECT OFFICER, REGIONAL A.I.CENTRE, PAYYANNUR, KANNUR DIST. MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23387/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REPRESENTATION DATED 22/05/2006 FILED BY THE PETITIONER BEFORE R1. P2 : COPY OF LETTER DATED 01/07/2006. P3 : COPY OF GO(P) NO.501/2005 DATED 25/11/2005. P4 : COPY OF JUDGMENT DATED 09/08/2006 IN WP(C) NO.19875/2006. P5 : COPY OF LETTER DATED 28/03/2007 ISSUED BY R1. RESPONDENT'S EXHIBITS R4(a) : COPY OF REPORT SUBMITTED BY THE LIVESTOCK INSPECTOR IN ICDP SUB CENTRE, KADANNAPPALLY. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23387 of 2007 (H) --------------------------------- Dated, this the 17th day of August, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P5 communication dated 28/03/2007, whereby the claim of the petitioner for regularisation as Part Time Sweeper has been rejected. 2. According to the petitioner, he was engaged as a Part Time Sweeper in ICDP Sub Centre, Kadannappally, Kannur District from 01/11/1999 till 01/06/2005. She represented for regularization of her service and in Ext.P4 judgment dated 09/08/2006 in WP(C) No.19875/2006, this Court directed consideration of her representation. Government considered the matter and rejected the claim by Ext.P5. It is challenging Ext.P5, the writ petition has been filed. 3. A reading of Ext.P5 shows that from June, 2005 onwards, the petitioner did not appear for duty and had informed that it was not possible for the petitioner to continue the work. That apart, it is also stated that the area swept by the petitioner is only 11 sq.m., WP(C) No.23387/2007 -2- and that it does not justify the claim of the petitioner for regularization as Part Time Sweeper. Apart from that, it is also stated in paragraph 4 of the counter affidavit filed by the 4th respondent that the petitioner is conducting a petty shop near Medical College, Pariyaram, Kannur District and is engaged in the distribution of daily newspaper. From this it is obvious that the petitioner’s case is not covered by GO(P) No.501/2005/Fin. dated 25/11/2005. Therefore, I am not inclined to entertain the writ petition. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg