S. RAMANI, PART-TIME SWEEPER-CUM-PEON, Vs. STATE OF KERALA, REPRESENTED BY SECRETARY AND HIGH COURT OF KERALA

JUDGEMENT

(1.) THERE are four petitioners in this writ petition. Going by the statements made in the counter affidavit of the second respondent, the first petitioner was working as Part -time Sweeper till her appointment as Sweeper -cum -Peon (full time) with effect from 9.6.2005. Other petitioners are Part Time Sweepers. The claim is for special allowance at the rate of Rs.200/ - per mensum with effect from 1.11.1998. The special allowance is payable only to those performing duties in the residence of the Hon'ble Judges in the High Court of Kerala.

(2.) THE counter affidavit filed by the second respondent furnishes the details relating to the period during which the petitioners had worked as part -time contingent employees in the residence of the respective Judges. Hence, instead of relying on the service particulars, I consider it proper to accept the service details of the petitioners as shown in Ext.R2(a). Relevant details are reproduced below for easy reference.

(3.) IT appears that the matter was under correspondence between respondents 1 and 2 for quite sometime. Initial correspondence was on the very question of granting special allowance to certain categories of employees including part -time contingent employees. This led to the issuance of Ext.P1. Thereafter the correspondence was directed towards the claim for the grant of special allowance from 1/11/1998. Government stuck to its stand that the categories of employees shown in Ext.P1 will be entitled for special/compensatory allowance with effect from the date of that order only and refused to give retrospective effect to that. Hence writ petitions were filed by some of the categories of the employees shown in Ext.P1. Those writ petitions were disposed of by this Court as per Exts.P3 and P4 judgments. Admittedly, Exts.P3 and P4 judgments have become final.