Omana Kunju vs State Of Kerala
2023 Latest Caselaw 9915 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                       WP(C) NO. 26869 OF 2023
PETITIONER/S:

          OMANA KUNJU
          AGED 53 YEARS
          W/O. KUNJU, PART-TIME SWEEPER, NELLIKKUZHI PANCHAYAT
          OFFICE, NELLIKKUZHI (P.O), KOTHAMANGALAM TALUK,
          ERNAKULAM DISTRICT RESIDING AT:- MOROTTIKKUDI,
          NELLIKKUZHI (PO), ERNAKULAM DISTRICT., PIN - 686691
          BY ADVS.
          R.REJI
          M.V.THAMBAN
          THARA THAMBAN
          B.BIPIN
          ARUN BOSE
          THOMAS THOMAS
          JEENA A.V.

RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF LOCAL SELF GOVERNMENTS, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
    2     THE DIRECTOR
          THE DIRECTOR, DIRECTORATE OF PANCHAYAT,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE DEPUTY DIRECTOR OF PANCHAYAT
          ERNAKULAM, PIN - 686691
    4     NELLIKKUZHI GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, NELLIKKUZHI (PO),
          KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686691
    5     THE SECRETARY
          NELLIKKUZHI GRAMA PANCHAYAT, NELLIKKUZHI (PO),
          KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686691
          BY ADV K.S.ARUN KUMAR

OTHER PRESENT:

          SR. GP SMT SURYA BINOY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26869 OF 2023
                                        2


                                   JUDGMENT

The petitioner has been working as a Part-time Sweeper in the office of the

Nellikuzhi Grama Panchayat. She further states that she was originally engaged as

a part-time sweeper in the office of the 4th respondent with effect from 01.01.2001

on fixed remuneration of Rs.20/- per day. The remuneration was periodically

enhanced, and with effect from 01.01.2011, she has been drawing a salary at the

rate of Rs.60/- per day.

2. According to the petitioner, pursuant to the directions issued by this court

in W.P( C) No. 30927/2003, the Government has issued Ext.P1 Government Order

bringing out guidelines for regularization and payment of salary arrears. Reliance is

placed on Ext.P2, and it is pointed out that clarifications have been issued by the

Government as regards the procedure for regularization of existing part-time

sweepers working under the Panchayat. She asserts that she had earlier

approached this court seeking regularization with effect from 01.01.2001, and by

Ext.P5 judgment, directions were issued by this court to the 5th respondent

Secretary to forward the proposal for regularization and directions were issued to

the 1st respondent to take a decision accordingly. In terms of the directions issued

by this court, Ext.P6 order has been issued wherein, regularization was limited to

the period from 29.04.2015, even though the petitioner has been working since

01.01.2001, .

3. The petitioner states, being aggrieved, she approached this court and WP(C) NO. 26869 OF 2023

preferred W.P© No. 29784/2017. According to the petitioner, this court had

concluded that the petitioner was entitled to the regularization from 18.06.2001.

However, by Ext.P9 Government Order, the service of the petitioner was regularized

only with effect from 09.02.2010. She asserts that the reason stated by the

respondents for limiting the regularization from 09.02.2010 cannot be sustained in

the light of the law laid down by this court in Ext.P10 judgment.

It is in the afore circumstances that this writ petition is filed seeking the

following reliefs:-

"(ii) To issue a declaration that the petitioner is entitled to regularization w.e.f 18.06.2001 as regular Part time Sweeper and with regular scale of pay as applicable to Sweeping area above 400 M2 with all consequential benefits.

(iii) To issue a writ of mandamus or any other writ, or order or direction, directing respondents to regularize the service of the petitioner w.e.f 18.06.2001 and to pay the arrears of salary taking into account all annual increments, pay revisions benefits, Time Bound Higher Grades and other allowances etc; with 12% interest.

(iv) To call for the records leading upto Exhibit P9 and quash that part of Exhibit P9 Government order limiting the date of regularization of the petitioner from 09.02.2010 instead of from 18.06.2001 onwards.

(v) To dispense with the translation of vernacular documents"

4. Sri. R. Reji, the learned counsel appearing for the petitioner, reiterated the

contentions in the petition. The counsel appearing for the party respondents and

the learned Government Pleader submitted that the issue is fairly covered in favour

of the petitioner herein.

5. Having regard to the submissions advanced made across the bench

and in view of the law laid down in Ext.P10 and the judgment of the Division WP(C) NO. 26869 OF 2023

Bench in OP(KAT) No. 401/2020, the relief sought for the petitioner is only to be

allowed.

Resultantly, I hold that the petitioner is entitled to regularization with effect

from 18.06.2001 as a regular part-time sweeper with the regular scale of pay as

applicable to sweeping areas larger than 400 square meters. There will be direction

to the competent among respondents to regularize the service of the petitioner

with effect from 18.06.2001 and to pay arrears of salary, taking into account all

other benefits. If the amount is not paid within two months of receipt of the

judgment, the same shall carry interest at the rate of 6 % till the date of payment.

Ext. P9, to the extent that it limits the petitioner's regularization date to 9.02.2010,

is hereby stands quashed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SJ WP(C) NO. 26869 OF 2023

APPENDIX OF WP(C) 26869/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GO (P)NO.501/ 2005/ FIN.DT.25.11.2005 Exhibit P2 TRUE COPY OF THE CIRCULAR DATED 16.1.2006 ISSUED BY THE DEPUTY DIRECTOR, KOLLAM Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 05.02.2012 ISSUED BY THE ASSISTANT ENGINEER, PWD BUILDING SECTION, KOTHAMANGALAM Exhibit P4 TRUE COPY OF THE COUNTER AFFIDAVIT ON 29.05.2012 IN W.P.(C)NO.11306/2011 FILED BY THE DEPUTY DIRECTOR OF PANCHAYAT, ERNAKULAM Exhibit P5 TRUE COPY OF THE JUDGMENT DT 12.03.2015 IN WP(C) NO. 11306/2011 Exhibit P6 TRUE COPY OF THE G.O (RT) NO. 3693/2015 /LSGD DATED 09.12.2015 Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO. 8207/15 DT 26.12.2015 ISSUED BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 18.01.2022 IN W.P.(C).NO.29784/2017 Exhibit P9 TRUE COPY OF THE GO(RT)NO.2718/2022/LSGD DATED 07.11.2022 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 13.06.2018 IN W.P.(C).NO.22426/2014