M.K.Mariyam vs State Of Kerala
2023 Latest Caselaw 7519 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                      WP(C) NO. 14764 OF 2013
PETITIONER:

             M.K.MARIYAM, AGED 58 YEARS
             W/O K.P.VARGHESE, PART-TIME SWEEPER,
             BLOCK PANCHAYAT OFFICE,
             VADAVUCODE, KOLENCHERRY (PO),
             ERNAKULAM.RESIDING AT KARAKATTU PARAMBIL,MOLATH
             HOUSE, BLOCK JUNCTION, NEAR CO-OPERATIVE COLLEGE,
             KOLENCHERY.
             BY ADV SRI.M.V.THAMBAN

RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF LOACAL SELF GOVERNMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN:695 001.
    2        THE DIRECTOR OF PANCHAYAT
             THIRUVANANTHAPURAM, PIN:695 001.
    3        THE ASSISTANT DEVELOPMENT COMMISSIONER GENERAL
             KAKKANAD, ERNAKULAM, PIN:680 030.
   *4        THE VALAVUCODE BLOCK PANCHAYAT
             KOLENCHERY, ERNAKULAM DISTRICT,
             REPRESENTED BY ITS SECRETARY, PIN:682 311.
   *5        THE BLOCK DEVELOPMENT OFFICER-CUM-SECRETARY
             BLOCK PANCHYAYAT,   VALAVUCODE,
             KOLENCHERY, ERNAKULAM DISTRICT, PIN:682 311.
             (NAME OF THE PLACE MENTIONED AS 'VALAVUCODE' IN
             THE ADDRESS OF R4 & R5 IS CORRECTED AS
             'VADAVUKODE'AS PER ORDER DATED 2.9.2013 IN IA
             10935/2013)
             BY GOVERNMENT PLEADER SMT.VINITHA V.[SR.GP]

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C)No.14764 of 2013

                                                      2


                                  MOHAMMED NIAS C.P., J
                            ......................................................
                                   WP(C)No.14764 of 2013
                        .................................................................
                          Dated this the 7th day of July, 2023


                                             JUDGMENT

Learned counsel on either side submit that the issue is covered in favour

of the writ petitioner by the common judgment of the Division Bench of this

Court in OP(KAT) Nos. 442 of 2018 and 214 of 2019 dated 9.3.2021, whereby,

those similarly placed as the petitioners were directed to be given the benefits

of the directions issued in paragraph 14 of the above judgment. The above

judgment will govern the writ petitioner as well and there will be a direction to

the respondents to regularise the petitioner as Part Time Sweeper in the office

of the 4th respondent with effect from 18.6.2001 as stipulated in G.O.

(P)No.501/2005/Fin dated 25.11.2005. The respondents are directed to comply

with this judgment within four months from the date of receipt of a copy of this

judgment. The first respondent is also directed to pay all the consequential

benefits, including arrears within the aforesaid period.

The writ petition is allowed as above.

Sd/-MOHAMMED NIAS C.P., JUDGE

dlk/7.7.2023 WP(C)No.14764 of 2013

APPENDIX OF WP(C) 14764/2013

PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF THE G.O.(P)NO.501/2005/FIN. DATED 25.11.2005.

EXHIBIT P2: TRUE COPY OF THE LETTER NO.A/1216/08 DATED 22.6.2010 OF THE 5TH RESPONDENT ALONG WITH HIS REPORT AND APPLICATION FOR CREATION OF THE POST OF PART-TIME SWEEPER AT BLOCK PANCHAYAT OFFICE VALAVUCODE.

EXHIBIT P3: TRUE COPY OF THE SWEEPING AREA CERTIFICATE DATED 25.2.2010.

EXHIBIT P4: TRUE COPY OF THE DECISION NO.II(5) DATED 16.6.2012 OF THE MEETING OF THE VALAVUCODE BLOCK PANCHAYAT. EXHIBIT P5: TRUE COPY OF THE JUDGMENT DATED 30.10.2012 IN WPC NO.25236/2012(D) EXHIBIT P6: TRUE COPY OF THE SWEEPING AREA CERTIFICATE DATED 18.4.2013.

EXHIBIT P7: TRUE COPY OF THE SWEEPING AREA SKETCH DATED 18.4.2013.

EXHIBIT P8: TRUE COPY OF THE GOVT. ORDER NO.1323/2013/LSGD DATED 18.5.2013.

EXHIBIT P9: TRUE COPY OF THE APPLICATION SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BEFORE THE 5TH RESPONDENT.

EXHIBIT P9(A): TRUE COPY OF THE REPLY GIVEN BY THE 5TH RESPONDENT.

EXHIBIT P10: TRUE COPY FO THE LR.NO.69447/ERB2/2012/LSGD DATED 19.2.2013 OF THE IST RESPONDENT.

EXHIBIT P11: TRUE COPY OF THE LETTER NO.A-1216/2008 DATED 22.2.2013.

EXHIBIT P12: TRUE COPY OF THE ORDER NO.A-1216/2008 DT.29.05.2013 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P13: TRUE COPY OF THE RESOLUTION DATED 14.6.2013 WP(C)No.14764 of 2013

EXHIBIT P14: TRUE COPY OF THE VADAVUKODE BLOCK PANCHAYAT BY HIS LETTER DATED 19.07.2013 EXHIBIT P15: TRUE COPY OF THE LETTER DATED 26.07.2013 EXHIBIT P16: TRUE COPY OF THE LETTER NO.PB-2/2004 DATED 3.8.2013 EXHIBIT P16(a): TRUE COPY OF THE APPLICATION DATED 28.8.2013 UNDER RIGHT TO INFORMATION ACT EXHIBIT P17: TRUE COPY OF THE APPLICATION DATED 28.8.2013 UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P19: TRUE COPY OF THE COMMON JUDGMENT DATED 09.0302021 IN OP(KAT)NO.442/2018 AND OP(KAT)NO.214/2019 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS

ANNEXURE R5(a): ANNEXURE R5(a)

ANNEXURE R5(b): ANNEXURE R5(b)

ANNEXURE R5(c):TRUE COPY OF THE CERTIFICATE SHOWING THE TOTAL AREA