STATE OF KERALA Vs. ANNAMMA U. C.

JUDGEMENT

(1.) The original petition has been filed by the State of Kerala and its officers/authorities, challenging the order dated 25.10.2018 in T.A.No.5085 of 2012, on the file of the Kerala Administrative Tribunal, Ernakulam Bench (hereinafter referred to as the Tribunal). The petitioners were the respondents before the Tribunal and the respondents were the applicants.

(2.) The respondents herein were working as casual sweepers in the Village Offices at Peroor and Veloor in Kottayam District from 1986 continuously. They along with some others had filed W.P.(C)No.8274 of 2003 before this Court seeking salary in the scale of pay applicable to part time sweepers. This Court allowed the writ petitions by Ext.P2 judgment directing to disburse the salary at the rates provided in the Government order dated 25.11.1998. Ext.P2 judgment was challenged by the Government in W.A.No.95 of 2005, which was disposed of along with several other appeals by judgment dated 12.8.2005 with certain modifications. The respondents submit that thereafter the sweeping area was measured and found to be 152 M 2 and 147 M 2 in the case of the respondents 1 and 2 respectively and that they are hence eligible for the reliefs prayed for. However, after issuance of G.O. (P)No.501/2005/Fin. dated 25.11.2005, it was found that the sweeping area was below 100 M 2 when measured according to the guidelines contained therein. However, even if regularisation cannot be granted to the respondents, they claimed that they were entitled to the protection of pay contained in clause 11 of the above Government order dated 25.11.2005. In the meanwhile, a learned Single Judge of this Court had in its judgment dated 17.3.2007 in Sujatha K and Ors. v. District Collector & Ors. (W.P.(c)No.19186 of 2005) held that the benefit of G.O.(P)No. 501/2005/Fin. dated 25.11.2005 is available to casual sweepers as well. The respondents herein thereupon filed W.P. (C)No.9338 of 2008, for a direction to the petitioners to disburse the remuneration in parity with the regular part time sweepers, in the light of the judgment of this Court in W.P.(c)No.19186 of 2005 and in terms of clause 11 of G.O.(P)No.501/2005/Fin. dated 25.11.2005. By Ext.P4 judgment dated 9.4.2008 the above writ petition was disposed of directing the respondents therein to consider and pass orders on the representations submitted by the respondents. However, by Ext.P1 order dated 30.9.2008, the claim of the respondents were rejected by the petitioners stating that the sweeping area was less than 100 M 2 and that the respondents had not earlier been sanctioned regular pay based on any court orders. The respondents challenged the above order in W.P.(C)No.3324 of 2010 before this Court which was transferred to the Tribunal and renumbered as T.A.No. 5085 of 2012.

(3.) By G.O.(P) No.831/80/Fin. dated 3.11.1980, the Government had revised the remuneration payable to part time contingent workers, based on the area to be cleaned by the part time contingent employees/sweepers. 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. Accordingly, Part Time Sweepers who were sweeping an area above 100 M 2 but below 400 M 2 were to be paid at the revised rate of Rs.1,250/- per month plus DA and persons who were sweeping an area above 400M 2 , but below 800 M 2 were to be paid at the rate of Rs.1,500/- per month plus DA. With respect to casual sweepers who were sweeping an area of less than 100 M 2 , 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 1.11.1998. Several writ petitions were filed before this Court seeking the benefits of the pay revision as well as protection against termination of service. 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 6.10.2003 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 100M 2 they can be paid at par with part time sweepers and in cases where the area is below 100M 2 such persons are to be paid at the rate of Rs.600/- per month as a consolidated pay.