IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO. 14082 OF 2016 PETITIONER: SUDHAMANI R. AGED 45 YEARS, W/O.ANANDAN, PART TIME SWEEPER WORKING ON DAILY WAGES KUNNATHOOR GRAMA PANCHAYAT, KUNNATHOOR EAST (PO), KOLLAM DISTRICT, RESIDING AT KALLIKONATHU KIZHAKKEPURA, KUNNATHOOR EAST (PO), NEDIYAVILA, KOLLAM DISTRICT BY ADVS. SRI.M.V.THAMBAN SRI.B.BIPIN SMT.THARA THAMBAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001 2 THE DIRECTOR OF PANCHAYAT, DIRECTORATE OF PANCHAYAT, THIRUVANANTHAPURAM – 695 001 3 DEPUTY DIRECTOR OF PANCHAYAT, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, KOLLAM, KOLLAM DITRCT, PIN- 690001 4 KUNNATHOOR GRAMA PANCHAYAT, KUNNATHOOR EAST (PO), KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-690540 5 THE SECRETARY,KUNNATHOOR GRAMA PANCHAYAT, KUNNATHOOR EAST (PO), KOLLAM DISTRICT,PIN-690540 BY ADV SRI.LEO GEORGE SRI. K.M. FAISAL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14082/2016 2 P.V.KUNHIKRISHNAN, J. -------------------------------- W.P.(C).No.14082 of 2016 ---------------------------------------------- Dated this the 01st day of March, 2023 JUDGMENT This writ petition is filed with following prayers: 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. 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 WP(C).No.14082/2016 3 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. (SIC) 2. When this writ petition came up for consideration on 07.04.2016, this Court passed the following order: “Admit. Govt. Pleader takes notice for R1 to R3. Issue notice to R4 and R5. There shall be an interim stay of termination of the petitioner till a regular hand or temporary hand, regularly selected, is appointed.” The above order is in force even now. In the light of the same, this writ petition can be closed recording the above order. WP(C).No.14082/2016 4 Therefore, this writ petition is disposed of making the order dated 07.04.2016 as absolute. Sd/- P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.14082/2016 5 APPENDIX OF WP(C) 14082 /201 6 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE CERTIFICATE ISSUED BY THE OVERSEER GRADE-II OF THE 4TH RESPONDENT PANCHAYAT EXHIBIT P2 COPY OF THE GOP NO.501/2005/FIN. DATED 25.11.2005 EXHIBIT P3 COPY OF THE GOP NO.61/2010/FINANCE DATED 09.02.2010 EXHIBIT P4 COPY OF THE GOVERNMENT ORDER NO.98/2010/FIN DATED 19.11.2010 EXHIBIT P5 COPY OF THE LETTER NO.A7-1955/14 DATED 25.06.2014 OF THE 5TH RESPONDENT EXHIBIT P6 COPY OF THE DETAILS OF DAILY WAGES EMPLOYEES OF THE 4TH RESPONDENT FORWARDED BY THE 5TH RESPONDENT UNDER THE COVER OF EXHIBIT P5 LETTER.