Petitioner, a casual sweeper for 17 years, sought regularization of employment. Respondents directed the Assistant Engineer to consider the representation and pass appropriate orders within two months.
Direction to the 1st respondent to consider the petitioner's representation for regularization and pass appropriate orders within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 29TH DAY OF NOVEMBER 2023 / 8TH AGRAHAYANA, 1945
WP(C) NO. 26411 OF 2023
PETITIONER:
SUSHAMA M.K AGED 58 YEARS D/O. KUJUKUTTY, METTUMPURATH HOUSE, MELUKAVUMATTOM P.O., KOTTAYAM, PIN - 686522 BY ADVS. JOHNSON MANAYANI JEEVAN MATHEW MANAYANI
RESPONDENTS:
1 ASSISTANT ENGINEER PWD ROADS SECTION, MELUKAVU, KOTTAYAM, PIN - 686652 2 MELUKAVU GRAMA PANCHAYATH KUDUMBASREE UNIT MELUKAVUMATTOM P.O., REP BY ITS CHAIR PERSON., PIN - 686652 3 SECRETARY TO LOCAL SELF GOVT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 KUDUMBASREE STATE MISSION 2ND FLOOR, TRIDA REHABILITATION BUILDINGS, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-, REP BY ITS EXECUTIVE DIRECTOR, PIN - 695011 5 STATE OF KERALA REP BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:
SMT. PRINCY XAVIER, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.26411 OF 2023
JUDGMENT
The petitioner states that she was appointed as a Sweeper (casual)
in PWD Roads Section, Melukavu, Kottayam, in 2006, as is clear from Exts.P1 to P3 and she has been working for last 17 years. It is stated that she has preferred Ext.P4 representation before the respondents seeking regularization of her employment, Her limited prayer is for the consideration of Ext.P4 by 1st respondent.
submissions made across the bar, this writ petition is ordered, and the
following directions are issued:
a) There will be a direction to the 1st
respondent to take up Ext.P4 representation with notice to the petitioner and pass appropriate orders as per procedure and in accordance with
law, within a period of two months from the date
of receipt of a copy of this judgment.
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W.P.(C) NO.26411 OF 2023
b) The petitioner shall produce a copy
of the writ petition along with the judgment
before the concerned respondent to ensure compliance
c) If the petitioner has not been relieved, she shall be permitted to continue until
orders are passed on Ext.P4.
This Writ Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V. JUDGE
rsr
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W.P.(C) NO.26411 OF 2023
APPENDIX OF WP(C) 26411/2023
PETITIONER EXHIBITS
| Exhibit | P1 TRUE COPY OF THE THE 1ST RESPONDEN PETITIONER |
CERTIFICATE ISSUED BY T DT 8.3.2023 TO THE |
|---|---|---|
| Exhibit | P2 TRUE COPY OF THE RESPONDENT DT 20. |
PROCEEDINGS OF THE 1ST 6.2023 |
| Exhibit | P3 TRUE COPY OF THE BETWEEN RESPONDEN |
AGREEMENT ENTERED INTO TS 1&2 DT 26.6.2023 |
| Exhibit | P4 TRUE COPY OF THE PETITIONER BEFORE 28.7.2023 |
PETITION FILED BY THE THE RESPONDENTS 3&4 DT |
2 issues framed by the court
Whether the petitioner is entitled to regularization of her casual employment as a sweeper.
Whether the respondent is bound to consider the petitioner's representation for regularization.
SUSHAMA M.K
ASSISTANT ENGINEER PWD ROADS SECTION, MELUKAVU, KOTTAYAM
MELUKAVU GRAMA PANCHAYATH KUDUMBASREE UNIT MELUKAVUMATTOM
SECRETARY TO LOCAL SELF GOVT SECRETARIAT, THIRUVANANTHAPURAM
KUDUMBASREE STATE MISSION
STATE OF KERALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
