K. VASU Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) HEARD Sri.K.N.Ramachandra Panicker, the learned counsel appearing for the petitioner, Sri. Muhammed Fazil, the learned Government Pleader appearing for respondents 1 to 4 and Sri.V.Sathish, the learned Counsel appearing for the fifth respondent.

(2.) THE petitioner who is admittedly a Casual Sweeper engaged by the fifth respondent Panchayat since the year 1994 had earlier filed W.P.(C) No. 12261 of 2005 in this Court, claiming regularisation in service, relying on the terms and stipulations in Ext.P5 Government order dated 25.11.2005. By Ext.P6 judgment delivered on 14.6.2006 in W.P (C) No. 12261 of 2005 this Court directed the petitioner to move the Government and the Government was also directed to consider the claim of the petitioner and pass orders thereon. The petitioner accordingly moved the Government. The Government by Ext.P7 order dated 13.7.2007 rejected the application on the ground that as the petitioner was being engaged on contract basis, he is not entitled to be regularised in service notwithstanding the recommendation of the Panchayat to regularise him in service. Ext.P7 is under challenge in this writ petition.

(3.) I have considered the submissions made at the Bar by the learned Counsel appearing on either side. Para 8 of Ext.P5 Government order which deals with regularisation of Casual Sweepers, reads as follows: