Biji V.C vs Cherupuzha Grama Panchayath
2021 Latest Caselaw 10747 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.2932 OF 2021(N)


PETITIONER:

               BIJI V.C.
               AGED 46 YEARS
               D/O.CHANDRASEKHARAN NAIR, POYAKKARA HOUSE, IDAVARAMB
               P.O., CHERUPUZHA, KANNUR DISTRICT.

               BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

RESPONDENTS:

      1        CHERUPUZHA GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, P.O.CHERUPUZHA, KANNUR
               DISTRICT - 670 511.

      2        VETERINARY SURGEON
               VETERINARY DISPENSARY, CHERUPUZHA, CHERUPUZHA P.O.,
               KANNUR DISTRICT - 670 511.

      3        ADDL R3 SECRETARY TO GOVERNMENT OF KERALA,
               DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE, VIKAS
               BHAVAN, THIRUVANANTHAPURAM 695 033

      4        ADDL R4 DIRECTOR,
               DIRECTORATE OF ANIMAL HUSBANDRY, VIKAS BHAVAN,
               THIRUVANANTHAPURAM 695 033

      5        ADDL. R5 ASSISTANT ENGINEER
               PUBLIC WORK DEPARTMENT, PERUMBA, PAYYANUR 670307
               KANNUR DISTRICT
                      IMPLEADED AS PER ORDER DATED 30.03.2021
                      IN I.A NO.1 OF 2021

               R1 BY ADV. SRI.K.N.ABHILASH


               SRI. BIJOY CHANDRAN (SR.GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2932 OF 2021(N)

                                      2



                                   JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following relief:

issue a writ of mandamus or any appropriate writ, directing the 2nd respondent to allow the petitioner to continue as Part Time Sweeper at Veterinary ICDP Sub centre, Kozhichal.

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for

the 1st respondent-Panchayath.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has been working from 2007 as part time

sweeper in the Veterinary Dispensary in Cherupuzha within the

jurisdiction of the 1st respondent-Panchayath. It is submitted that

the request of the Panchayath for regularisation taking note of

her long years of service has not been considered by any of the

respondents. The petitioner has approached the 2 nd respondent

with Ext.P2 representation.

WP(C).No.2932 OF 2021(N)

4. The learned Government Pleader submits on instructions

that the request of the petitioner for regularisation will have to

be considered by the Government in accordance with law. In case

the representation of the petitioner is forwarded to the

Government along with the details of her engagement and the

details of the sweeping area, the issue can be considered by the

Government. It is further submitted that the sweeping work is

now been carried out by the members of the local Kudumbasree

unit.

Having considered the contentions advanced on all sides, I

am of the opinion that the claim raised by the petitioner for

regularisation is liable to be considered in accordance with the

Government order dated 25.11.2005 and the subsequent

Government orders which were in force at the relevant time.

There will, accordingly, be a direction to respondents 1 and 2 to

send up Ext.P2 representation preferred by the petitioner along

with a report including a specific report with regard to the extent

of the sweeping area as measured and certified by the competent

Engineer. Once the representation is forwarded to the

Government, the issue will be considered by the additional 3 rd WP(C).No.2932 OF 2021(N)

respondent in accordance with law and in terms of the

Government orders referred to above. Orders shall be passed after

hearing the parties through any appropriate means including

video conferencing within a period of three months from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.2932 OF 2021(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TRAVEL PASS ISSUED BY THE 2ND RESPONDENT DATED 06/05/2020.

EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 02/12/2020.