Kerala High Court
Sudhamani.R vs State Of Kerala on 23 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
RP NO. 458 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
RP NO. 458 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 01.03.2023 IN
WP(C) NO.14082 OF 2016 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER IN WP(C):
SUDHAMANI.R
AGED 45 YEARS, W/O. ANANDAN, PART TIME
SWEEPER WORKING ON DAILY WAGES, KUNNATHOOR
GRAMA PANCHAYAT,PIN-690 540 KUNNATHOOR
EAST (PO), KOLLAM DISTRICT, RESIDING AT:-
KALLIKONATHU KIZHAKKEPURA, KUNNATHOOR EAST
(PO), NEDIYAVILA, KOLLAM DISTRICT,
PIN - 690 540
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
RESPONDENT/RESPONDENTS IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF LOCAL SELF
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
RP NO. 458 OF 2023
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2 THE DIRECTOR OF PANCHAYAT
DIRECTORATE OF PANCHAYAT,
THIRUVANTHAPURAM, PIN - 695 001
3 DEPUTY DIRECTOR OF PANCHAYATH
OFFICE OF THE DEPUTY DIRECTOR OF
PANCHAYAT, KOLLAM, KOLLAM DISTRICT,
PIN - 690 001
4 KUNNATHOOR GRAMA PANCHAYAT
KUNNATHOOR EAST (PO), KOLLAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN-690 540
5 THE SECRETARY
KUNNATHOOR GRAMA PANCHAYAT, KUNNATHOOR
EAST (PO), KOLLAM DISTRICT, PIN - 690 540
BY ADVS.
SRI. SANGEETHARAJ N.R., GOVERNMENT PLEADER
SRI. M.R. SASITH PANICKER, SC
THIS REVIEW PETITION HAVING COME UP FOR
ADMISSION ON 23.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP NO. 458 OF 2023
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P.V.KUNHIKRISHNAN, J.
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Review Petition No.458 of 2023
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Dated this the 23rd day of September, 2024
ORDER
This Review Petition is filed to review the
judgment dated 01.03.2023 in WP(C)
No.14082/2016.
2. The prayers in the Writ Petition are
extracted hereunder:
"(i) To issue a declaration that Exhibit P3
Government order dt. 09.02.2010 fixing the cut-
off date for regularization of part-time sweepers
working on daily wages as 25.11.2005 is illegal,
arbitrary, discriminatory and there is no rational
nexus in fixing the cutoff date for regularization
as 25.11.2005 in Exhibit P3 Government order dt.
09.02.2010.
RP NO. 458 OF 2023
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(ii) To issue a further declaration that the
petitioner is entitled to the benefit of Exhibit P4
circular and any attempt to terminate the service
of the petitioner and to appoint a sweeper
through Employment Exchange in her place, is
highly illegal, arbitrary and against the directions
contained in Exhibit P4 government circular.
(iii) To issue a writ of certiorari or any other writ
or order calling for the records leading upto
Exhibit P3 and quash that part of Exhibit P3
government order fixing an anterior cutoff date
for regularization of Part-time Sweeper working
on daily wage as 25.11.2005.
(iv) To issue a writ of mandamus or any other
appropriate writ or order, directing the
respondents to regularize the service of the
petitioner as Regular Part-time Sweeper at the
office of the 4th respondent.
(v) to issue such other further reliefs as this
Honourable Court may deem fit and proper in the
facts and circumstances of this case."
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3. This Court disposed the Writ Petition
retaining the interim order passed by this Court.
The learned counsel for the review petitioner
submitted that, there was no proper representation
before this Court and hence, the interim order was
retained and the prayers in the Writ Petition were
not considered by this Court on merit. The prayers
in the Writ Petition is to be considered on merit.
4. Considering the submission of the
counsel for the petitioner, I think, the judgment can
be recalled.
Therefore, this Review Petition is allowed.
The judgment dated 01.03.2023 in WP(C)
No.14082/2016 is recalled and the Writ Petition is
restored to file.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
