Kerala High Court
The State Of Kerala vs Madhusoodhanan Nair, Aged 64 Years,S/O ... on 24 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:5869
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
OP(KAT) NO. 376 OF 2024
THE ORDER DATED 25.07.2024 IN RA NO.17 OF 2024 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM ARISING OUT OF THE ORDER DATED 17.10.2023 IN
OA NO.933 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY, WATER RESOURCES
DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 THE CHIEF ENGINEER,
IRRIGATION AND ADMINISTRATION, PUBLIC OFFICE BUILDING, VIKAS
BHAVAN.P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695033
3 THE DISTRICT OFFICER,
GROUND WATER DEPARTMENT, JALA VIJNANA BHAVAN, AMBALAMUKKU,
KOWDIAR.P.O, THIRUVANANTHAPURAM,KERALA, PIN - 695023
4 THE ASSISTANT DIRECTOR,
HYDROLOGY SECTION,GROUND WATER DEPARTMENT,JALA VIJNANA
BHAVAN, AMBALAMUKKU, KOWDIAR.P.O, THIRUVANANTHAPURAM,
KERALA, PIN - 695023
BY GOVERNMENT PLEADER SRI.SUNILKUMAR KURIAKOSE
OP(KAT)No.376 of 2024
2
2025:KER:5869
RESPONDENTS/APPLICANTS IN OA:
1 MADHUSOODHANAN NAIR, AGED 64 YEARS,S/O LATE
K.PADMANABHA PILLAI,
RESIDENT OF PLAMTHOTTAM, PALUVALLY. P.O, PACHA,
KURUPUZHA, NEDUMANGAD, THIRUVANANTHAPURAM,
PIN: 695562, KERALA
2 KAVYA.M.P,
AGED 22 YEARS, D/O MADHUSOODHANAN NAIR,RESIDENT OF
PLAMTHOTTAM, PALUVALLY.P.O, PACHA, KURUPUZHA,
NEDUMANGAD, THIRUVANANTHAPURAM, PIN: 695562, KERALA,
PIN - 695562
3 BHAVYA.M.P,
AGED 20 YEARS, D/O MADHUSOODHANAN NAIR,RESIDENT OF
PLAMTHOTTAM, PALUVALLY.P.O, PACHA, KURUPUZHA,
NEDUMANGAD, THIRUVANANTHAPURAM, KERALA, PIN - 695562
BY ADVS. SRI.UNNIKRISHNAN C
SRI.D.JAYAKRISHNAN(K/975/2006)
SRI.VIJAYKRISHNAN S. MENON(K/001627/2019)
SRI.VIVEK NAIR P.(K/1216/2021)
SRI.ARJUN HARIKUMAR(K/002476/2024)
SRI.SRUTHI SINDHU(K/001144/2022)
SRI.M.R.RADHAKRISHNAN(K/1200/2024)
SRI.PRAVEEN P.(K/2829/2023)
SMT.PINKY R.(K/2809/2022)
SRI.ANANTHU R MURALI(K/002997/2024)
SRI.ROSHAN JEBIN M.P.(K/001774/2022)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No.376 of 2024
3
2025:KER:5869
JUDGMENT
Dated this the 24th day of January, 2025
A.Muhamed Mustaque, J.
The State has filed this Original Petition challenging
the orders of the Tribunal. The matter is related to
regularisation of late Pushpalatha. Late Pushpalatha
worked as a Casual Sweeper in the office of Assistant
Director, Hydrology Section, Thiruvananthapuram. The total
plinth area of the office is 396.15 Sq.metre.
2. Pushpalatha joined duty as a Casual Sweeper on
11.11.2003. She worked time to time in the office. The
details of her service has been furnished in the reply
statement filed by the Under Secretary to Government,
Water Resources Department, Thiruvananthapuram as
follows:
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From To Total day of Duty Period of Absence from Duty
11/11/03 31/03/04 114 01.04.2004 to 31.05.2004
01/06/04 31/07/04 61 01.08.2004 to 31.08.2004
01/09/04 30/09/04 30 01/10/2004 to 31/10/2004
01/11/04 31/01/05 92 01/02/2005 to 28/02/2005
01/03/05 31/03/05 31 01/04/2005 to 30/06/2005
01/07/05 30/09/05 92 01/10/2005 to 31/10/2005
01/11/05 31/12/05 61 01/01/2006 to 28/02/2006
01/03/06 31/03/06 31 01/04/2006 to 31/05/2006
01/06/06 31/08/06 92 01/09/06 to 30/09/2006
01/10/06 31/10/06 31 01/11/06 to 30/11/2006
01/02/07 18/03/20 13 years & 44 days Expired on 25/03/2020
3. The Government issued an order formulating
guidelines for regularisation of existing eligible Casual
Sweepers. This order was issued on 25.11.2005. As per
the above Government Order, Casual Sweepers are entitled
for regularisation provided sweeping area should exceed
100 sq.mtrs.
4. Pushpalatha approached the Government for
regularisation. This was not considered. She filed
O.A.No.2392/2018. Under paragraph No.4 of the order of
the Tribunal, it was ordered as follows:
2025:KER:5869
"4. On a consideration of the facts, it is
noted that a Casual Sweeper engaged in a
Government Office was eligible for regularisation in
the office, provided the employee was being
engaged as on the date of issuance of the above
order, and the sweeping area of the office
concerned was 100 Sq.M. and above. The office, in
such cases, was eligible for a post of Part-time
Sweeper and the employee engaged as Casual
Sweeper was eligible for regularisation."
5. As seen from the above order itself, on definite
terms, the Tribunal held that Casual Sweeper engaged in
Government Office was eligible for regularisation provided
sweeping area is 100 Sq.metre and above. The OA was
disposed of by directing the Government to consider a
representation in the light of the above order. The
Government considered the representation. The
Government rejected the representation holding that
Pushpalatha did not have continuous service.
2025:KER:5869
6. By the time, Pushpalatha died. Her legal heirs
approached the Tribunal. The Tribunal allowed the
challenge. Thereafter, review was filed by the State
contending that Pushpalatha did not have continuous
service. The Tribunal dismissed the review. This is how the
State has come up with this Original Petition.
7. At the outset, we note that in the light of the
earlier order passed by the Tribunal, there is no scope for
contending that Pushpalatha was not entitled for
regulraisation. In the earlier order itself, in categorical
terms, the Tribunal held that casual sweepers engaged in
Government Office was eligible for regularisation provided
employee was engaged on the the date of issuance of order
and sweeping area is 100 sq.metre. Further it is
specifically stated that part time sweeper is also entitled for
regularisation. We also perused the Government Order
dated 25.11.2005. It also does not distinguish between full
time sweeper who are engaged on contract or part time
2025:KER:5869
sweepers. It does not solidly say that such Casual
Sweepers should have continuous service without any
break. Anyway, in the light of earlier order passed by the
Tribunal, the part time sweeper is also entitled for
regularisation. Under such circumstances, we find
absolutely no merit in this Original Petition. Hence the
Original Petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
2025:KER:5869
APPENDIX OF OP(KAT) 376/2024
PETITIONERS' ANNEXURES:
Exhibit P1 PHOTOCOPY OF THE O.A.NO.933/2022
Annexure A1 TRUE COPY OF DEATH CERTIFICATE OF LATE
PUSHPALATHA DATED 30.05.2020.
Annexure A2 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE
NO.B5-14499/ 2021/DD IS DATED
19.01.2022.
Annexure A3 TRUE COPY OF THE PROPOSAL, AREA
CERTIFICATE AND SKETCH SUBMITTED ON
26.06.2006.
Annexure A4 TRUE COPY OF REPRESENTATION DATED
28.11.2018 BEFORE THE 1ST PETITIONER.
Annexure A5 PHOTOCOPY OF FINAL ORDER DATED
11.12.2018 IN OA.2392/2018.
Annexure A6 PHOTOCOPY OF GO(RT)NO.759/2019/WRD
DATED 24.10.2019.
Miscellaneous MA /2022-TO CONDONE DELAY
Application
Miscellaneous MA /2022-FOR JOINT APPLICATION
Application
Exhibit P2 PHOTOCOPY OF MA.NO. 1669/2022 FILED BY
THE RESPONDENTS ON 11.08.2022
Annexure A7 PHOTOCOPY OF THE TREATMENT CERTIFICATE
OF 1ST RESPONDENT'S WIFE PUSHPALATHA
DATED 19.03.2022.
Exhibit P3 PHOTOCOPY OF REPLY STATEMENT FILED BY
THE 1ST PETITIONER HEREIN ON 14.11.2022
Exhibit P4 PHOTOCOPY OF REJOINDER FILED BY THE
2025:KER:5869
RESPONDENTS ON 23.12.2022
ANNEXURE A7 PHOTOCOPY OF GO(P)NO.61/2010 DATED 09.02.2010
Exhibit P5 PHOTOCOPY OF REPLY STATEMENT FILED BY
THE 2ND PETITIONER HEREIN ON
04.01.2023.
Exhibit P6 PHOTOCOPY OF THE ORDER OF THE KERALA
ADMINISTRATIVE TRIBUNAL DATED
17.10.2023 IN THE AFORESAID ORIGINAL
APPLICATION.
Exhibit P7 PHOTOCOPY OF THE R.A. NO 17/2024 IN
Annexure RA(1) PHOTOCOPY OF THE FINAL ORDER DATED
17.10.2023 IN O.A NO.933/2022.
Annexure RA(2) PHOTOCOPY OF THE FINAL ORDER DATED
19.12.2018 IN O.A NO.2450/2018.
Annexure RA(3) PHOTOCOPY OF THE G.O(RT) NO.
679/2019/WRD DATED 25.09.2019.
Miscellaneous M.A. FOR PERMISSION TO FILE JOINT
Application REVIEW APPLICATION
Exhibit P8 PHOTOCOPY OF THE ORDER OF THE KERALA
ADMINISTRATIVE TRIBUNAL DATED
25.07.2024 IN THE REVIEW APPLICATION
NO. 17/2024.
