C PANKAJAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are casual Part-time Sweepers working in the Department of Agriculture and some other departments under the Government of Kerala. In the absence of specific orders issued by the Government, the part-time Casual Sweepers were appointed on daily wages and for limited periods and were subjected to the vagaries of indiscriminate decisions taken by the heads of offices and controlling authorities.

(2.) THIS Court in Mercy v. State of Kerala (2004 (2) KLT 848) took cognizance of the sad plight of such employees and directed that those employees should be allowed to continue in service provided they were appointed or engaged prior to a specified date. Government felt aggrieved by the judgment of the learned Single Judge and filed writ appeals. During the pendency of the appeals, Government issued Govt. Order dated 2-8-2005 with the object of lessening the hardships of the Part-time Casual Sweepers. A Division Bench of this Court disposed of the appeals, taking note of the Order issued on 2-8-2005 and issuing appropriate directions. Thus the claim of Part-time Casual Sweepers for regularisation in service had to be dealt with in accordance with the procedure laid down in govt. Order dated 2-8-2005 and judgment in W. A. No. 1863 of 2004 and connected cases.

(3.) NOTWITHSTANDING the beneficial provisions in the above Govt. Order, they feel aggrieved by the guidelines contained in the appendix attached to the said order. It is contended that the Govt. Order illegally and arbitrarily restricts their right to claim pay and allowances. Clause 1 (iv) of the guidelines contained in the appendix attached to Govt. Order dated 25-11-2005 is under challenge. Clause 1 (iv)reads as follows: (iv) If there is a courtyard attached to the office, then the area of the courtyard actually swept, subject to the condition that this shall not exceed one third of the aggregate of (i), (ii) above. The guidelines define what is a sweeping area as far as a part-time Sweeper is concerned. Sweeping area means carpet area, ie. The usable floor area, area of car porch, staircases, verandah or corridor, provided such car porch, staircase, verandah or corridor is under the exclusive use of the office in question, and provided further that those areas are use regularly by the office staff or the general public and if it is to be swept regularly. Toilets used exclusively by the office in question or the general public visiting such an office if it is to be washed and cleaned regularly are also brought within the expression sweeping area. Carpet area, however, will not include area of terrace, car porch, stair cases, lift wells, escalators, ducts, toilets, air conditions, plant room and electrical control room, if those areas are not regularly used. As far as this part of the guidelines incorporated in clause (1), the petitioners have no grievance. But their compliant is against clause (1) (iv ). 5. Counsel for the petitioners contends that the above sub-clause, in effect, amounts to exploitation of labour, particularly, those belonging to the lowest strata of the service. Counsel would submit that in a case where the entire courtyard has to be swept as might be required having regard to the fact situation and circumstances, it is not open to the Part-time casual Sweepers to refuse to perform such work as and when directed by the heads of offices or the controlling authorities. That being the practical side of the picture, the Government cannot deny pay and allowances to those Part-time sweepers who would be compelled, as of necessity or as per the directions of the higher authorities, to perform that work.