Kerala High Court
Malathy K.S vs State Of Kerala on 9 October, 2025
2025:KER:75738
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WP(C) No.18456 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 18456 OF 2019
PETITIONER:
MALATHY K.S.,AGED 50 YEARS, W/O.VENUGOPALAN,
VATTAPARAMBIL HOUSE, EDAKKULAM, THENGALOOR
P.O., THRISSUR DISTRICT, PIN- 680596, PART TIME
SWEEPER, PANCHAYATH OFFICE, AVANUR.
BY ADVS. SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
SMT.P.ANITHA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF PANCHAYATHS,
THIRUVANANTHAPURAM.
ADDL.R3 AVANUR PANCHAYATH OFFICE REPRESENTED BY ITS
SECRETARY, MUNDUR ROAD MANITHARA AVANOOR P.O
THRISSUR -680596
(IS IMPLEADED AS PER ORDER DATED 09.10.2025 IN
IA NO.1/2023)
BY ADVS. SMT.DAISY A.PHILIPOSE
R1 AND 2 - SRI.E.G.GORDEN, SENIOR GOVERNMENT
PLEADER ADDL.R3 - SRI.K.M.MUHAMMED HUSSAIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 09.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:75738
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WP(C) No.18456 of 2019
JUDGMENT
Dated this the 9th day of October, 2025 The writ petition is preferred being aggrieved by the regularisation of the petitioner only with effect from the date of the Government Order issued for such regularisation, in compliance with Ext.P9 judgment.
2. It is the case of the petitioner that she has been working as a part-time sweeper in the additional 3 rd respondent Panchayat since 2005. It is stated that there exists a sanctioned post of part-time sweeper in the Panchayat Office, Avanur. Under such circumstances, the petitioner preferred a representation dated 01.08.2012 for regularizing her as part time sweeper. The committee considered the representation in its meeting held on 07.08.2012 and decided to take appropriate action to appoint the petitioner as part time sweeper in accordance with the directions in the Government Order GO(Rt) No.1566/10/LSGD dated 10.05.2010. The said resolution was forwarded to the Deputy Director of Panchayat on 31.10.2012. Accordingly, the Deputy Director issued a letter dated 08.01.2013 to the 2025:KER:75738 3 WP(C) No.18456 of 2019 Panchayat directing it to submit an explanation as to why no steps had been taken to regularise the service of the petitioner; and to submit a formal proposal for the creation of the post of part time sweeper, along with sweeping area certificate, plan and sketch.
3. Accordingly, the Panchayat submitted its reply before the Deputy Director along with sweeping area certificate stating that there already exist a sanctioned post of part time sweeper in the Panchayat. Consequently, the Deputy Director of the Panchayat issued a letter to the petitioner stating that steps are being taken to regularise the service of the petitioner and that her service would be regularised on receipt of the proposal in the prescribed proforma from the Panchayat.
4. Thereafter, on 01.07.2013, the District Collector also issued a letter to the Panchayat directing to submit the proposal for regularising the service of the petitioner with immediate effect. It is further submitted that, as per GO(P) No.61/2010 dated 09.02.2010, the Government had taken a decision to regularise all the existing sweepers in 2025:KER:75738 4 WP(C) No.18456 of 2019 the light of judgment dated 18.06.2004 in WP(C) No.30927 of 2003 and judgment dated 12.08.2005 in WA No.1863 of 2004.
5. In the light of the said Government Order, the 2nd respondent issued a letter to all the Deputy Directors of Panchayat directing them to urgently submit the duly filled proforma on or before 09.04.2010 for regularising the service of part time sweepers.
6. Since there was a delay in regularising the service of the petitioner, the petitioner approached this Court by preferring WP(C) No.20054 of 2015, which was disposed of by this Court on 22.02.2016 by Ext.P9 judgment, wherein the Government was directed to consider the proposal for regularization within three months from the date of receipt of a copy of that judgment. In compliance with the said direction, by Ext.P10 Government Order i.e., GO(Rt) No.173/2018/LSGD dated 21.11.2018, the Government regularized the service of the petitioner only from the date of the said Government Order, i.e., from 21.11.2018. On the other hand, the petitioner pointed out that other similarly 2025:KER:75738 5 WP(C) No.18456 of 2019 situated persons were regularised with effect from 09.02.2010, which is evident from Ext.P12 Government Order.
7. In response to the contentions, the additional 3rd respondent has filed counter affidavit. Though the counter affidavit admitted the entire facts in the writ petition, it resisted the contentions of the petitioner to get approval with effect from the date of 09.02.2010. There is no counter affidavit from the official respondents.
8. I have heard Smt.Daisy A. Philipose, the learned counsel appearing for the petitioner, Sri.K.M.Muhammed Hussain, the learned counsel appearing for the additional 3rd respondent and Sri.E.G Gorden, the learned Government Pleader for the official respondents.
9. Going by the contentions and the submissions made across the Bar, it appears that it is an admitted fact that there is a sanctioned post in the Panchayat and that the petitioner was engaged as a part time sweeper in the Panchayat initially on a daily wage basis, from 2005. While continuing in the post, she approached the Panchayat 2025:KER:75738 6 WP(C) No.18456 of 2019 for regularisation upon knowing that there was a sanctioned post in the Panchayat. The proposal was forwarded by the Panchayat to the Deputy Director. On realising that there was an existing direction to regularise all existing part-time sweepers as per GO(P) No.61/10/Fin dated 09.02.2010, the Deputy Director of Panchayat sought an explanation from the Panchayat with respect to the delay in forwarding the application and directed the Panchayat to forward a proposal in the correct format. Accordingly, the Panchayat forwarded the proposal to the Government through the Deputy Director. This was ultimately considered in the light of Ext.P10 judgment.
10. Though regularisation was granted, its effect was confined to the date of the Government Order, i.e., from 21.11.2018. However, no specific reason was assigned for such restriction, despite the fact that by GO(P) No.61/10/Fin dated 09.02.2010 a specific direction was given to all heads of departments to take steps to regularise the services of part time sweepers engaged where the sweeping area exceeded 100 square metre.
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11. In this case, there is no such dispute with respect to the measure of sweeping area or availability of sanctioned post. However, the Government had taken a decision to confine the regularistion with effect from the date of the Government Order without assigning any specific reason.
12. Hence, I do not find any reason to sustain Ext.P10 order to the extent that it confines the effect of regularisation to the date of the Government Order. Accordingly, Ext.P10 is set aside to that extent and directs the Government to reconsider the issue and grant the effect of regularisation from the date of the original Government Order, i.e., GO(P) No.61/10/fin dated 09.02.2010 as in the case of others in Ext.P11 Government Order dated 10.05.2010.
The writ petition is accordingly allowed.
sd/-
P.M. MANOJ JUDGE das 2025:KER:75738 8 WP(C) No.18456 of 2019 APPENDIX OF WP(C) 18456/2019 PETITIONER EXHIBITS Exhibit P13 A TRUE COPY OF THE G.O. (P) NO:61/2010/FIN. DATED 09.02.2010 ISSUED BY THE KERALA STATE GOVERNMENT FINANCE (EXPENDITURE - C) DEPARTMENT EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED 01.08.2012 SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYATH.
EXHIBIT P2 A TRUE COPY OF THE DECISION NO.247/12 DATED 07.08.2012, TAKEN BY THE COMMITTEE OF PANCHAYATH.
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED
31.10.2012, SUBMITTED BY THE
PANCHAYATH BEFORE THE DEPUTY
DIRECTOR OF PANCHAYATH, THRISSUR.
EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 08.01.2013 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATH, THRISSUR TO THE PANCHAYATH.
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED
08.03.2013 SUBMITTED BEFORE THE
DEPUTY DIRECTOR OF PANCHAYATH,
THRISSUR BY THE PANCHAYATH.
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED
01.07.2013 ISSUED BY THE DISTRICT
COLLECTOR TO THE PANCHAYATH.
EXHIBIT P8 A TRUE COPY OF THE LETTER DATED
23.03.2010 ISSUED BY THE 2ND
RESPONDENT TO ALL THE DEPUTY
DIRECTORS OF PANCHAYATHS.
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.20054/15 DATED 22.02.2016.
EXHIBIT P10 A TRUE COPY OF
G.O.(RT)NO.173/2018/LSGD DATED
21.11.2018 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P11 A TRUE COPY OF ORDER NO.E9-23025/15
DATED 14.12.2018 ISSUED BY THE 2ND
RESPONDENT.
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WP(C) No.18456 of 2019
EXHIBIT P12 A TRUE COPY OF
G.O.(RT)NO.1566/10/LSGD DATED
10.05.2010 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED
21.06.2013 ISSUED BY THE DEPUTY
DIRECTOR OF PANCHAYATH, THRISSUR TO THE PETITIONER.