IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WA.No. 2200 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5705/2008 Dated 02/04/2009 .................... APPELLANT(S): -------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, PATHANAMTHITTA. 4. AGRICULTURAL OFFICER, ADOOR KRISHI BHAVAN, ADOOR P.O., PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENT(S): --------------- R.AMBIKA, W/O.VIJAYAN, PART TIME SWEEPER, ADOOR KRISHI BHAVAN, ADOOR P.O., PATHANAMTHITTA DISTRICT. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.2200 of 2009 ---------------------------------------------- Dated 16th October, 2009. J U D G M E N T Kurian Joseph, J. C.M.Appln.1034/2009: Heard. Delay condoned. This appeal is filed by the State aggrieved by the judgment of the learned Single Judge regarding fixation of wages of Part Time Sweepers. It is not in dispute that the Part Time Sweeper involved in this case is engaged for the sweeping and cleaning works in the Krishi Bhavan, Adoor. The strenuous contention of the learned Government Pleader is that the sweeping area is, as a matter of fact, below 100 square meters. But we do not think that in the facts of this case, particularly in view of the binding judgment(Ext.P1), wherein there is a declaration that the area to be swept is above 100 meters, these contentions need be gone into. It is true, as rightly pointed out by the Government Pleader that the measurement is prior to the issuance of the Government Order, G.O.(P)No.501/05 dated 25.11.2005. But as already noted by us above, for sweeping the entire Krishi Bhavan office, there is only one Part Time Sweeper, though she is otherwise designated as casual. We find that all these W.A.No.2200/2009 -: 2 :- contentions have been taken by the State before this court in W.A.2828/07 and being aggrieved, the matter was pursued before the Supreme Court and the Supreme Court also dismissed Civil Appeal No.15693/08 by order dated 23.2.2009. Therefore, it is not necessary for this court to go into the merits of the case. The Writ Appeal is hence dismissed. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. ahg KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------- W.A.No.2200/2009 ---------------------------- J U D G M E N T Dated 16th October, 2009.