Disposed

Pankajakshy v. the Registrar, Subordinate Judiciary

Kerala HC25 Jun 2008WP(C)/5575/2008

Case brief

AI extract

What is this about?

Writ petition seeking regularization of petitioner's services as a Sweeper and sanction of Part Time Sweeper post in Chalakkudy Munsiff Court. Court directed petitioner to submit an area certificate and remitted matter to Government for decision within two months.

What did the court decide?

Petitioner directed to submit area certificate within one month; matter to be decided by Government for post sanction and regularization within two months.

Pankajakshy Vs the Registrar, Subordinate… — Pension and Retirement Benefits | 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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WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930

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WP(C).No. 5575 of 2008(R) -------------------------

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PETITIONER:

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PANKAJAKSHI, W/O.GANGADHARAN, AGED 52, MARIEKEL HOUSE, POTTA, CHALAKKUDY, THRISSUR DISTRICT, SWEEPER, MUNSIFF COURT, CHALAKKUDY.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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THE REGISTRAR, SUBORDINATE JUDICIARY, HIGH COURT OF KERALA.

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THE STATE OF KERALA, REP. BY THE FINANCE SECRETARY TO THE GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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BY ADV. SRI.ELVIN PETER P.J. FOR R1

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GOVERNMENT PLEADER SMT. M.R. SREELATHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI, J

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W.P.(C).5575/2008

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Dated this the 25^th day of June, 2008

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JUDGMENT

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Petitioner was working as Sweeper in the Munsiff's Court, Chalakkudy, on daily wage basis from 15.3.2000 to 31.5.2005, according to her. She claims regularization in the said post, after creation of the post of Part Time Sweeper in terms of G.O.(P).501/2005 dated 25.11.2005. Counter affidavit has been filed by the first respondent. First respondent states that Munsiff-Magistrate's Court, Chalakkudy, started functioning with effect from 15.3.2000. Pursuant to Government Order G.O.(MS). 365/2004/Home dated 17.12.2004., Munsiff-Magistrate's Court, Chalakkudy, was bifurcated into Munsiff's Court and Judicial First Class Magistrate's Court. Munsiff's Court has been functioning as an independent Court with effect from 26.2.2005 in separate premises. It is further stated that a post of Part Time Sweeper was created for Munsiff's Court, Chalakkudy, and the sweeping area in the Munsiff's Court is measured as 581.95 sq.mts. Apparently, prior to bifurcation petitioner was working on

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W.P.(C).5575/2008

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daily wages in the Munsiff-Magistrate's Court, Chalakkudy, for two days in each week for a total number of 404 days and after bifurcation, she had worked on daily wages from 1.3.2005 till 16.8.2005 for a period of 125 days. On 16.8.2005, a new Part Time Sweeper was selected through Employment Exchange. It is affirmed in the counter affidavit filed by the first respondent that the petitioner has worked as a Part Time Sweeper for a total number of 531 days.

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Obviously petitioner’s case is to be dealt with in terms of clause 10 of G.O.(P).501/2005, Ext.P1, and a decision will have to be taken by the Government in this regard.

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In the result, writ petition is disposed of in the following terms:-

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Petitioner may submit an application in the prescribed form along with the sweeping area certificate

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W.P.(C).5575/2008

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relating to the area swept by her, within a period of one month from today. Application may be first submitted before the Judicial Magistrate of First Class, who shall forward the same to the first respondent. First respondent shall then forward it to the Government which shall take a decision thereon in the matter of sanctioning a Part Time Sweeper’s post for the Judicial Magistrate of First Class Court, Chalakkudy, and also as regards the regularization of petitioner’s services, within two months from the date of receipt of papers from the first respondent.

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V.GIRI, Judge

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mrcs

Pankajakshy v. the Registrar, Subordinate Judiciary

Case brief

What is this about?

What did the court decide?

Pankajakshy v. the Registrar, Subordinate Judiciary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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