Remanded

Govt. Part Time Contingent Staff Association v. State of Kerala

Kerala HC7 Jul 2016WP(C)/35390/2015

Case brief

AI extract

What is this about?

This writ petition concerned casual sweepers under the Kerala Water Authority seeking regularization of their service. The Court quashed an order rejecting their regularization request and remitted the matter for fresh consideration by the competent authority in light of specific Government Orders and prior judgments.

What did the court decide?

Impugned order quashed; matter remitted to competent authority for fresh consideration within three months.

Govt. Part Time Contingent Staff Association… — Pension and Retirement Benefits | Kerala HC (2016)

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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 ALEXANDER THOMAS

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THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938

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WP(C).No. 35390 of 2015 (W)

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PETITIONER(S):

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1. GOVT. PART TIME CONTINGENT STAFF ASSOCIATION STATE COMMITTEE D.C.C.BUILDING, PALAYAM, THIRUVANANTHAPURAM-695033. REPRESENTED BY ITS PRESIDENT

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MOONGOD MOHANAN, SUDHA MANDIRAM, NAVODAYA LANE, KOOVALASSERI P.O., PIN 695512.

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2. S.BABY

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W/O.BHUVANACHANDRAN, CASUAL SWEEPER UNDER THE KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, VARKALA, THIRUVANANTHAPURAM.

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3. VASUMATHY

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W/O.SAHADEVAN, CASUAL SWEEPER UNDER THE KERALA WATER AUTHORITY SECTION OFFICE, PARASALA, THIRUVANANTHAPURAM.

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4. KOMALAM

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D/O.NARAYANAN, CASUAL SWEEPER UNDER THE KERALA WATER AUTHORITY, P.H.SECTION, CHELAKKARA, THRISSUR.

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5. P.SARADA D/O.KRISHNAN EZHUTHACHAN, CASUAL SWEEPER UNDER THE KERALA WATER AUTHORITY, P.H.SUB DIVISION, OTTAPPALAM, PALAKKAD.

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6. M.SANTHA

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W/O.RAMAKRISHNAN, CASUAL SWEEPER UNDER THE KERALA WATER AUTHORITY, PROJECT DIVISION, MATTANNUR, KANNUR.

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BY ADVS.SRI.T.M.RAMAN KARTHA

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SMT.SYAMA MOHAN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., WATER RESOURCES (WATER SUPPLY-C) DEPARTMENT, TRIVANDRUM-695001.

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2. THE KERALA WATER AUTHORITY HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, TRIVANDRUM695001, REPRESENTED BY ITS MANAGING DIRECTOR.

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R BY GOVERNMENT PLEADER SRI.P.V.ELIYAS R BY SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-072016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35390 of 2015 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBIT-P1: TRUE COPY OF THE GOVERNMENT ORDER DT.25.10.2006.

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EXHIBIT-P1(A): TRUE COPY OF THE GOVERNMENT ORDER DT.5.4.2008.

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EXHIBIT-P1(B): TRUE COPY OF THE GOVERNMENT ORDER DT.30.4.2011.

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EXHIBIT-P1(C): TRUE COPY OF THE GOVERNMENT ORDER DT.29.6.2012.

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EXHIBIT-P1(D): TRUE COPY OF THE GOVERNMENT ORDER DT.20.2.2014.

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EXHIBIT-P2: A TRUE COPY OF THE ABOVE G.O.(P) NO.501/2005/FIN DATED 25.11.2005 ISSUED BY THE FINANCE DEPARTMENT.

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EXHIBIT-P3: A TRUE COPY OF THE COMMUNICATION DATED 19.10.2013 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT.

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EXHIBIT-P4: TRUE COPY OF THE DETAILS CASUAL SWEEPERS AWAITING REGULARIZATION, AS OBTAINED IN A PROCEEDINGS UNDER THE RIGHT TO INFORMATION ACT, DT.5.11.2014.

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EXHIBIT-P5: A TRUE COPY OF THE JUDGMENT IN WPC NO.3293/2010 DATED 5.11.2013.

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EXHIBIT-P6: A TRUE COPY OF THE REPRESENTATION DATED 20.8.2014 SUBMITTED BY THE 1ST PETITIONER, ON BEHALF OF PETITIONERS 2 TO 6, BEFORE THE SECOND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

PA TO JUDGE

avk

ALEXANDER THOMAS, J.

W.P.(C).No.35390 of 2015

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Dated this the 7^th day of July, 2016

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JUDGMENT

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It is averred that the first petitioner is an Association

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of Government Part Time Contingent employees, in which such part time contingent employees of the respondent Kerala Water Authority also are members and further that petitioners 2 to 6 are working as casual sweepers under the second respondent Kerala Water Authority. The main grievance of petitioners 2 to 6 is that their applications and requests for regularization of their service in the light of Ext.P-2 G.O.(P).No.501/2015/Fin. dated 25.11.2005 are even now pending consideration of the competent authority of the second respondent Kerala Water Authority since quite some time. That, their initial engagements as casual sweepers in the respondent Water Authority were during the period 1980-1992 and they are continuing as such, without being regularized in service etc. That, petitioners 2 to 6 are fully eligible for regularization as Part Time Contingency Sweepers as they are fully eligible for being so regularized in service as per the guidelines and norms contained in Ext.P-2 G.O.(P).No. 501/2015/Fin. dated 25.11.2005 issued by the 1^st

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W.P.(C).No.35390 of 2015 2

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respondent State Government and also in the light of the judgments of this Court in Ext.P-5, in W.P.(C).No.3293 of 2010, W.P.(C).No.35058 of 2010, W.P.(C).No.2849 of 2011 etc (which

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are referred to in Ext.P-5). It is also urged that this Court in the case Leela Amma v. Kerala State Handloom Development Corporation Ltd reported in 2015 (1) KLT SN 6 has allowed identical claims of similarly placed sweepers in that Corporation. It is in the light of these facts and circumstances, the petitioner has filed the instant writ petition (civil) with the following

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prayers:-

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“i).	Issue a writ of certiorari calling for the records of this case leading to Ext.P-3 and quash the same;
ii).	Issue a writ of mandamus directing respondents to reconsider the request of the petitioners 2 to 6 for regularization in service and pass appropriate orders regularizing them in service, within the time limit specified by this Hon’ble Court;
iii).	Pass such and further orders as this Hon’ble Court deem fit in the facts and circumstances of the case.

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Sri.T.M.Raman Kartha, learned counsel for the writ

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petitioner submits that this Court has considered an identical situation in the case of part time casual sweepers in the respondent Kerala Water Authority in W.P.(C).No.32938 of 2010

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which culminated in Ext.P-5 judgment rendered on 5.11.2013 in that W.P.(C), wherein this Court quashed the impugned rejection

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W.P.(C).No.35390 of 2015 3

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order and directed the respondent Water Authority to re-consider the issue in the light of the judgments of this Court in W.P.(C). No.35058 of 2010, W.P.(C).No.2849 of 2011 as well as Ext.P-12 therein, which is an order dated 30.9.2011, issued by the 6^th respondent therein (State Government) in respect of similar claims for regularization. Accordingly, it is urged by Sri.T.M.Raman Kartha, learned counsel for the writ petitioner that the impugned Ext.P-3 order may be set aside and the matter may be remitted for said consideration afresh by the competent authority of the respondents in the light of the above said judgments as well as Ext.P-2 Government Order, as well as the order dated 30.9.2011, referred to as Ext.P-12 in W.P.(C). No.3293 of 2010, etc.

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Heard Sri.T.M.Raman Kartha, learned counsel

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appearing for the writ petitioner and Sri.Joseph John, learned Standing Counsel for Kerala Water Authority appearing for respondent No.2 and the learned Government Pleader appearing for the 1^st respondent State of Kerala. For facilitating a thorough re-look at the matter in the hands of the competent authority of the respondents, and by following Ext.P-5 judgment, the impugned Ext.P-3 rejection order is quashed and the matter is

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W.P.(C).No.35390 of 2015 4

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remitted back to the respondents for consideration afresh. The second respondent Kerala Water Authority will grant a reasonable opportunity of being heard. The petitioners will be at liberty to submit any detailed supplemental representations in aid of the submissions and contentions which they may do by submitting those representation along with a certified copy of this judgment before the respondents. Thereafter, the competent authority of the second respondent will grant a reasonable opportunity of being heard to the petitioners either in person or through their authorized representative if any, and the respondents will thereafter take a considered decision on the request of the petitioners for regularization in the light of Ext.P-2 Government Order, Ext.P-5 judgment as well as in judgments of this Court in W.P.(C).No.35058 of 2010, W.P.(C).No.2849 of 2011 and the order dated 30.9.2011 issued by the State Government (referred to as Ext.P-12 in W.P.(C).No.3293 of 2010). The petitioner shall produce a copy of the Government Order dated 30.9.2011 said to have issued by the State Government which is referred to as Ext.P-12 in W.P.(C).No.3293 of 2010 in their representation. The decision as directed above shall be taken by the respondents within a period of three months from the date of receipt of the

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W.P.(C).No.35390 of 2015

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supplemental representations along with a certified copy of the judgment.

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With these observations and directions, the writ

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petition (civil) stands finally disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

//TRUE COPY//

PA TO JUDGE

avk

Govt. Part Time Contingent Staff Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Govt. Part Time Contingent Staff Association v. State of Kerala

Case brief

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