STATE OF KERALA Vs. A. BINDU

JUDGEMENT

(1.) The order dated 5.12.2017 of the Kerala Administrative Tribunal, Thiruvananthapuram (hereinafter referred to as Tribunal) in T.A.No.614 of 2013 has been challenged by the State of Kerala and its officers/authorities in O.P.(KAT) No.442 of 2018 and by the applicant in O.P.(KAT)No.214 of 2019. 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. By G.O.(P) No.831/80/Fin. dated 3.11.1980, the Government had sanctioned benefits to part time contingent employees, whereby the remuneration payable to them was revised. The revision was based on the sweeping area or the area to be cleaned by such part time contingent employees/sweepers. The rates were specified therein for two different types of cases depending on whether the sweeping area was less than 200 M2 or more than 200 M2 . Subsequently, by a pay revision order G.O.(P) No.3000/98/Fin. dated 25.11.1998 which came into effect on 01.03.1997, certain modifications were ordered. The categorisation was also different as per the 1998 pay revision. Accordingly, Part Time Sweepers who were sweeping an area above 100 M2 but below 400 M2 were to be paid at the revised rate of Rs.1,250/- per month plus DA and persons who were sweeping an area above 400 M2 , but below 800 M2 were to be paid at the rate of Rs.1,500/- per month plus DA. Enhanced pay was available to persons who were put in service as part time employees for 10 years, 20 years and 25 years. With respect to casual sweepers who were sweeping an area of less than 100 M2 , the Government issued G.O.(P) No.3002/98/Fin. dated 25.11.1998 ordering that such persons will be paid at the rate of Rs.600/- per month with effect from 01.11.1998.

(3.) Faced with denial of pay in accordance with the pay revisions and threat of losing their engagement on the ground that they are casual sweepers, several persons approached this Court by way of writ petitions. In the meanwhile, the Government issued G.O.(P) No.390/03/Fin. dated 17.07.2003, which said that Part Time Sweepers should be engaged only for a period of two months and should be changed every two months. The above order was however withdrawn as per G.O.(P) No.500/2003/Fin. dated 25.9.2003. The Government thereafter issued letter No.28555/T1/ 03/RD dated 06.10.2003 clarifying that the sweeping area is the area excluding staircase, veranda, courtyard, etc. The order also said that if casual sweepers are appointed for two months and sweeping area is more than 100 M2 they can be paid at par with part time sweepers and in cases where the area is below 100M2 such persons are to be paid at the rate of Rs.600/- per month as a consolidated pay. There was also a direction to make appointments through Employment Exchange for the sanctioned post.