Kerala High Court
Syamala Kumari Amma vs The Registrar Kerala Lok Ayuktha on 23 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 3887 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 3887 OF 2013
PETITIONER/S:
1 SYAMALA KUMARI AMMA
AGED 43 YEARS
PART TIME SWEEPER, KERALA LOK AYUKTHA,
KADAKKARATHEKKETHIL VEEDU, ANAYARA,
THIRUVAANNTHAPURAM 695 027.
2 S.SASIKALA
PART TIME SWEEPER, KERALA LOK AYUKTHA,
AMBALAKANDATHU VEEDU,PRASANTH NAGAR, THIRUVIKKAL
P.O, THIRUVANANTHAPURAM.
BY ADV SRI.P.RAMAKRISHNAN
RESPONDENT/S:
1 THE REGISTRAR KERALA LOK AYUKTHA
LEGISLATURE COMPLEX, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM 695 033.
2 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
BY ADVS.
SRI.K.H.ASIF
SMT.RENU. D.P., SC, LOK AYUKTA
WP(C) NO. 3887 OF 2013 2
OTHER PRESENT:
SRI BIJOY CHANDRAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3887 OF 2013 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 3887 of 2013
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Dated this the 23rd day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
A) "Issue a writ of mandamus, or any other appropriate writ
or order directing the respondents to retain the petitioners in
service of Kerala Lok Ayuktha as part time sweepers and
regularize their services.
B) Hold that the petitioners are entitled to continue in
service of Kerala Lok Ayuktha as part time sweepers and that
the steps taken to terminate their services is arbitrary and
illegal.
C) Issue a writ of mandamus, or any other appropriate writ
or order directing the respondents to allow the petitioners to
continue in service as Part-time sweepers in Kerala Lok
Ayuktha, and
D) issue such other writ, order or direction as are deemed
just and proper on the facts and circumstances." [sic]
2. The petitioners are the part time sweepers of Kerala
Lok Ayuktha appointed as per Exts.P1 and P2. It is submitted
that Government had sanctioned 7 posts of part-time sweepers
in the office of the Kerala Lok Ayuktha as per GO (MS) No.
79/99/Vid dated 06.09.1999 and GO (MS) No.101/2000/Vig
dated 07.11.2000. It is also submitted that appointments have
been made to the said 7 posts at various times on co-terminus
basis. The petitioners though appointed on co-terminus basis,
have been working continuously and without interruption ever
since the issuance of Exts.P1 and P2 is the submission. In view
of their long and continuous service, the petitioners along with
the two other part-time sweepers had sought regularisation of
their services. The regularisation issue was recommended by
the Lok Ayuktha to the Government as per Ext.P3, by which
four persons including the petitioners were recommended for
regularisation. But the Government as per Ex.P3 order
regularised only two persons excluding the petitioners. No
reason is mentioned in Ext.P3 for excluding the petitioners.
The recommendation of the petitioners for regularisation is
not considered in Ext.P3 is the grievance. Hence, this writ
petition.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
4. When this writ petition came up for consideration on
08.02.2023, the termination of service of the petitioners were
stayed and the stay order is in force even now. After hearing
both sides, I am of the considered opinion that since there is a
recommendation for regularising the service of four part time
sweepers and when the two of the part time sweepers' service
is regularised, it is the duty of the Government to give reason
for rejecting the recommendation as far as the petitioners are
concerned. Absolutely, no reason is mentioned in Ext. P3 and
there is no detailed discussion regarding the reason for
rejecting the recommendation as far as the petitioners are
concerned for the regularisation. Ofcourse, it is stated in
Ext.P3 order that the Government had examined the case in
detail and found that Smt. K.Santha and Smt.Jayasree have
been working as Part Time sweepers from 1986-87 onwards
and as per the available sweeping area and as per the
provisions of the GO(P) No. 61/2012/Fin. dated 09.02.2010,
they are eligible for protection. It is submitted by the
petitioners that in the light of Clause IV of GO(P)
No.61/2012/Fin. dated 09.02.2010, the petitioners are also
entitled the benefit. If that is the case, this is a matter to be
reconsidered. In such circumstances, I am of the considered
opinion that the Government should consider the request of the
petitioners for regularisation in the light of the
recommendation by the Lok Ayuktha as evident from Ext.P3.
Therefore, this writ petition is disposed of with the
following directions :
1) The 2nd respondent is directed to consider the question of
regularisation of the petitioners in the light of the
recommendation from the 1st respondent as evident from
Ext.P3, after giving an opportunity of hearing to the
petitioners as expeditiously as possible, at any rate, within
four months from the date of receipt of a certified copy of
this judgment.
2) While deciding the matter, the 2 nd respondent will
consider Clause IV of GO (P) No.61/2012/Fin. dated
09.02.2010 also.
3) Till a decision is taken by the 2 nd respondent, the interim
order passed by this Court staying the termination of the
petitioners will continue.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF ORDER DATED 1/9/2000 ISSUED BY THE 1ST
RESPONDENT
EXT.P2 TRUE COPY OF ORDER DATED 30.03.2001 OF THE 1ST
RESPONDENT
EXT.P3 TRUE COPY OF ORDER DATED 25/1/2013 ISSUED BY THE 2ND
RESPONDENT
RESPONDENT'S EXHIBITS :
EXT.R1(A) TRUE COPY OF THE ORDER DT.6.9.1999 ISSUED BY
GOVERNMENT.
EXT.R1(B) TRUE COPY OF ORDER DT.7.11.2000 ISSUED BY GOVERNMENT.
EXT.R1(C) TRUE COPY OF LETTER DT.28.2.2001 BY VIGILANCE
DEPARTMENT.
EXT.R1(D) TRUE COPY OF THE ORDER(RELEVANT PORTION) DT.31.1.2004
OF LOK AYUKTA.
EXT.R1(E) TRUE COPY OF THE LETTER DT.24.11.2011 BY LOK AYUYKTA.
EXT.R1(F) TRUE COPY OF THE ORDER DT.9.2.2010 ISSUED BY
GOVERNMENT.
