High Court of KeralaWP(C)/29736/2012disposed of

Usha Kumari.K v. State Of Kerala

2015-01-15Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 29736 of 2012 (N) -------------------------------------- PETITIONER(S):

----------------------- USHA KUMARI K., 50 YEARS, D/O.MADAVAN PILLAI (SWEEPER DAILY WAGES, CO-OPERATIVE REGISTRAR OFFICE, THIRUVANANTHAPURAM), RESIDING AT MALE CHERUKONATH VEEDU, USHA BHAVAN, T.C 14/270-1, KUMARAPURAM, MEDICAL COLLEGE P.O.

BY ADV. SRI.SAJU S.A.

RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

2. REGISTRAR OF CO-OPERATIVES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695 001.

3. DEPUTY REGISTRAR (ADMINISTRATION), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695001.

BY GOVERNMENT PLEADER SMT.SUNITHA VINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 29736 of 2012 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1TRUE COPY OF THE ORDER NO E.A. (2) 5/96 ISSUED BY 3RD RESPONDENT TO PETITIONER DATED 16-03-1996.

EXT.P2TRUE COURT OF THE ORDER NO E.A. (2) 45482/1998 DATED 24-06-1999 ISSUED BY 3RD RESPONDENT.

EXT.P3TRUE COPY OF THE REPORT NO EA (2) 10639/2007 DATED 30-04-2008 ISSUED BY 3RD RESPONDENT.

EXTP4 TRUE COPY OF REPRESENTATION DATED 3-5-2010 FILED BEFORE THE 2ND RESPONDENT.

EXT.P5TRUE COPY OF REPRESENTATION DATED 10-03-2011 FILED BEFORE THE 2ND RESPONDENT.

EXT.P6TRUE COPY OF COMMUNICATION DATED 21-02-2012 FILED BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 29736 of 2012 -------------------------------------------------- Dated this the 15th day of January, 2015

J U D G M E N T

The petitioner has come up before this Court aggrieved by the inaction on the part of the 2nd respondent in considering and passing orders on Exts.P4 and P5 representations.

The petitioner is a resident of Kumarapuram in Thiruvananthapuram District. According to the petitioner, she is working as full-time sweeper on daily wages in the office of the 2nd respondent since 1995 and she has put in a total service of 17 years. According to the petitioner, as per the new pay revision order, a sweeper, who has put in 16 years service, should be paid 300/- per day as wages. The ₹ petitioner filed Ext.P4 representation detailing the aforesaid aspects before the 2nd respondent. In the meantime, the petitioner was given to understand that certain persons, who were working as daily wages employees, were regularized as per G.O.No.123632/ADVC/2008 dated 12.12.2008.

Thereafter, the petitioner filed Ext.P5

W.P.(C) No. 29736 of 2012 ..2..

representation stating that the said GO is applicable to her and therefore, she be regularized in service giving the benefit of the aforesaid GO. The petitioner alleges that the same is forwarded to the 2nd respondent to report as to whether vacancy could be filled up from part-time sweepers. According to the petitioner, no action has been taken so far to redress her grievance.

As the limited prayer in this writ petition is for a consideration of Exts.P4 and P5 representations, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P4 & P5 representations after affording the petitioner an opportunity of being heard. The entire exercise shall be completed within a period of one month from the date of receipt of a copy of this judgment. To facilitate an early disposal, the petitioner shall be at liberty to produce copies of Exts.P4 and P5 along with copies of this judgment and the writ petition before the 2nd respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-