Remanded

P.S.Benny v. State of Kerala and Others

Kerala HC8 Jan 2008WP(C)/4497/2006

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition filed by a casual sweeper seeking regularization. The court directed the second respondent to transmit relevant documents and petitioner's representation to the first respondent for a decision on the absorption claim.

What did the court decide?

Directed the second respondent to forward Ext.P3 and Ext.P5 to the first respondent within one month. The first respondent must decide on the claim for regularization within two months after hearing t

P.S.Benny Vs State of Kerala and Others — Service and Employment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929

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WP(C).No. 4497 of 2006(I)

PETITIONER:

P.S. BENNY, S/O. SILVESTER,

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AGED 38 YEARS, PUTHUVEL, CANAL WARD, ALAPPUZHA. (PART TIME SWEEPER, P.W.D., N.H(M) SUB DIVISION, ALAPPUZHA).

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BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.

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THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, N.H. DIVISION, ALAPPUZHA.

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THE ASSISTANT ENGINEER (FULL ADDITIONAL CHARGE OF ASST.EXECUTIVE ENGINEER N.H.(M) SUB DIVISION, ALAPPUZHA.

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BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4497 of 2006

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1TRUE COPY OF THE G.O. NO.501/05 FIN DATED 25.11.05 EXT.P2TRUE COPY OF CERTIFICATE DATED 5.1.06 ISSUED BY THE ASST. ENGINEER (BLDG.SECTION)

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EXT.P3TRUE COPY OF LETTER DATED 12.12.05 SENT BY THE THIRD RESPONDENT TO 2ND RESPONDENT

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EXT.P4TRUE COPY OF LETTER SENT BY 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 23.1.06

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EXT.P5TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

(TRUE COPY)

P.A TO JUDGE

V.GIRI, J

W.P.(C).4497/2006

Dated this the 8^th day of January, 2008

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JUDGMENT

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Petitioner claims that he has been working as a casual sweeper in the office of the third respondent since 1992. According to him, sweeping area served by him is more than 100 square feet. He refers to Ext.P2 in this regard. Petitioner’s requests for regularization is forwarded to the Executive Engineer under Ext.P3. Petitioner has submitted Ext.P5 representation before the Executive Engineer.

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Absorption of Casual employees in regular service is now covered by the provisions in G.O.(P).No.501/2005. In the result, writ petition is disposed of directing the second respondent to forward Ext.P3 if not already forwarded, along with the petitioner’s representation, Ext.P5, to the first respondent within one month from the date of receipt of a copy of this judgment. Thereupon, first respondent shall take a decision on the petitioner’s claim for request of absorption to regular service in

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W.P.(C).4497/2006

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terms of G.O.(P).501/2005, within two months

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thereafter, after hearing the petitioner.

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V.GIRI, Judge

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mrcs

P.S.Benny v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

P.S.Benny v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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