STATE OF KERALA Vs. SYAMALA

JUDGEMENT

(1.) The order dated 04.04.2018 of the Kerala Administrative Tribunal, Ernakulam Bench (hereinafter referred to as Tribunal) in O.A.(Ekm)No. 2389 of 2017 has been challenged by the State of Kerala and its officers/authorities in O.P.(KAT) No.261 of 2019 and by the applicant in O.P.(KAT)No.152 of 2020. The parties are referred to as per their status in the original application.

(2.) The issue relates to entitlement of the applicant to be regularised in service as a Part Time Sweeper. Pursuant to directions issued by a learned Single Judge of this Court in its judgment in Mercy v. State of Kerala , 2004 2 KerLT 848, confirmed by a Division Bench in its judgment dated 12.08.2005 in State of Kerala & Ors. v. M.M.Mercy & Ors. (W.A.No.1863 of 2004 and connected cases) , the State Government had issued GO(P) No.501/2005/Fin dated 25.11.2005, introducing a scheme to govern the cases of regularisation of existing eligible casual sweepers and regarding appointments to future vacancies. Paragraph 8 of the above Government order deals with regularisation of the existing casual sweepers. As per the Government order, the sweeping area has to be calculated in accordance with the guidelines given in the appendix, the measurement being carried out by the PWD officials after notice to the incumbent casual sweeper and in his presence. Wherever the sweeping area exceeds 100 M2 and if there is no post of Part Time Sweeper sanctioned for the office in question, but there is a casual sweeper being engaged, steps are to be taken for creation of a post of part time contingent sweeper. The posts are to be created with effect from the date of appointment of the incumbent as casual sweeper or from 18.6.2001 (i.e., three years preceding the date of the judgment of the learned Single Judge in Mercy v. State of Kerala , 2004 2 KerLT 848), whichever is later.

(3.) The Government thereafter issued G.O.(P)No.61/2010/Fin. dated 09.02.2010 modifying the earlier order dated 25.11.2005. It was ordered that all existing sweepers other than casual sweepers, irrespective of the mode of appointment, shall also be entitled for regularisation based on the sweeping area, provided that their appointments were made on or before the issuance of the Government order dated 25.11.2005.