Dismissed

The Homeo Medical Officer v. Unnimalu M.K.

Kerala HC12 Dec 2019OP(KAT)/236/2019

Case brief

AI extract

What is this about?

The Division Bench of the Kerala High Court disposed of an appeal by the State against the Kerala Administrative Tribunal's order. The Court found that under G.O(P) No.61/2010, a casual sweeper appointed before the specified date was entitled to regularization. The Court allowed regularization, pay arrears, and dismissed the appeal.

What did the court decide?

Regularization as a Part-time sweeper from 09.02.2010, fixation, and arrears of pay from that date granted to the respondent; appeal dismissed.

The Homeo Medical Officer Vs Unnimalu M.K. — Pension and Retirement Benefits | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941

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OP(KAT).No.236 OF 2019

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AGAINST THE ORDER/JUDGMENT IN TA 7427/2012 DATED 27-06-2018 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS:

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1 THE HOMOEO MEDICAL OFFICER GOVERNMENT HOMOEO DISPENSARY, MUKKANNOOR, ERNAKULAM, PIN-683 577

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2 THE DISTRICT MEDICAL OFFICER (HOMOEO) KALOOR, ERNAKUALM, PIN-682 017

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3 THE DIRECTOR, DIRECTORATE OF HOMOEOPATHY, THIRUVANANTHAPURAM, PIN-695 023

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4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

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BY GOVERNMENT PLEADER

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RESPONDENTS:

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UNNIMALU M.K. AGED 43 YEARS, W/O. ROY P.J, CASUAL SWEEPER, GOVERNMENT HOMOEO DISPENSARY, MOOKKANNOOR P.O, ERNAKULAM, PIN-683 577, RESIDING AT MANIYATTIL VEEDU, MOOKKANNOOR P.O, ERNAKULAM, PIN-683 577

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R1 BY ADV. SRI.M.V.THAMBAN R1 BY ADV. SRI.R.REJI

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O.P (KAT) 236/2019

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R1 BY ADV. SMT.THARA THAMBAN R1 BY ADV. SRI.B.BIPIN R1 BY ADV. SRI.ARUN BOSE

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OTHER PRESENT:

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SR.GP SRI.ANTONY MUKKATH

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 12.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P (KAT) 236/2019

JUDGMENT

Dated this the 12^th day of December, 2019

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K.Vinod Chandran, J

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The short question arising in the Original Petition is whether the petitioner who was appointed as a casual sweeper on 01.04.2003 and continued thereafter is entitled to regularisation as a Parttime Sweeper. The Tribunal allowed the claim relying on G.O(P) No.61/2010/Fin. dated 09.02.2010.

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2. The Government filed the appeal

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contending that the Government Order for regularisation was of the year 2005 produced as Annexure A1 in the Original Application which did not contain any scheme for regularisation of sweepers appointed to sanctioned post temporarily or casually. Government Order of 2005 also required a minimum sweeping area of 100 M² . The office in which the applicant was appointed had only 42.62 M²

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O.P (KAT) 236/2019

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which was later enhanced to 94.87 M² which is less than 100.

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3. We find that the Government has issued a

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further G.O of 2010, noticed by the Tribunal,from which clause (iv) is extracted hereunder:

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“In cases, where Sweepers were engaged

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against existing sanctioned posts for any

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reason shall also be entitled to regularization, provided the date of appointment was on or before 25.11.2005. On retirement of the existing sweeper in such Offices, the vacancy will be filled up through Employment Exchange only.”

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4. In such circumstance, the petitioner shall be regularised as a Part Time sweeper from 09.02.2010 the date of the Government Order which granted such regularisation. We find no reason to interfere with the order of the Tribunal. Regularisation shall be carried out within a period of three months from today and the fixation shall

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O.P (KAT) 236/2019

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also be granted as also the arrears of pay paid from

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that date.

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Original Petition (KAT) is dismissed. No

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order as to costs.

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Sd/K. Vinod Chandran,

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Judge

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jma

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Sd/V.G. Arun, Judge

O.P (KAT) 236/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE P5 TRUE COPY OF ORDER OF THE TRIBUNAL DATED 20/06/2019. EXHIBIT P1 A TRUE COPY OF THE T.A. NO.7427/2012 ALONG WITH EXHIBITS BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P2 . TRUE COPY OF THE REPLY STAEMENT FILED ON BEHALF OF THE FIRST RESPONDENT LONG WITH EXHIBIT IN THE AFORESAID TRANSFERRED APPLICATION. EXHIBIT P1 (A1) TRUE COPY OF THE GO(P) NO.501/2005/FIN. DATED 25/11/2005. EXHIBIT P3 . TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT. EXHIBIT P1 (A2) TRUE COPY OF THE REPRESENTATION DATED 08/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. EXHIBIT P4 . A TRUE COPY OF THE FINAL ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 27/06/2018 IN THE AFORESAID TRANSFER APPLICATION. EXHIBIT P1 (A3) TRUE COPY OF THE JUDGMENT DATED 26/02/2009 IN WPC 6230/2009. EXHIBIT P1 (A4) TRUE COPY OF THE LETTER DATED 04/03/2009 BY PETITIONER'S COUNSEL. EXHIBIT P1 (A5) TRUE COPY OF THE RECEIPT OF THE SALARY FOR THE MONTH OF NOVEMBER, 2005. EXHIBIT P1 (A6) TRUE COPY OF THE GO(RT) NO.2739/2009/H&FWD DATED 23/09/2009.

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O.P (KAT) 236/2019

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EXHIBIT P1 (A7) TRUE COPY OF THE SKETCH OF THE GOVERNMENT HOMOEO DISPENSARY, MOOKKANNOOR. EXHIBIT P1 (A8) TRUE COPY OF THE AFFIDAVIT FILED IN WPC NO.6239/2009. EXHIBIT R1(A) TRUE COPY OF THE CERTIFICATE NO.AB8/09 DATED 22/06/2011.

The Homeo Medical Officer v. Unnimalu M.K.

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The Homeo Medical Officer v. Unnimalu M.K.

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