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Judgment
G. Rajasuria, J.—Heard both sides.
The facts in nutshell which are absolutely necessary and germane for the disposal of this writ petitions would run thus:
The writ petitioner, Smt. K. Saraswathy was appointed as Part Time Sweeper in a school, which was under the Corporate Management, C.S.I.,
Kanyakumari Diocese, Nagercoil w.e.f. 25.08.2000; subsequently, she was posted as Full Time Sweeper in the fifth respondent school under the
fourth respondent''s management w.e.f. 04.09.2000 in the retirement place of one Mrs. K. Ronickam, who was a Full Time Sweeper. However,
when the Corporate Management approached the Government for regularizing the writ petitioner''s appointment as Full Time Sweeper, they
received a reply from the authorities concerned that since the school was having the students strength below 1500, it is not eligible to have a Full
Time Sweeper. Hence, this writ petition has been filed.
Per contra denying and refuting the contentions in the writ petition, the third respondent viz., the District Educational Officer, Kuzhithurai,
Marthandam, Kanyakumari filed the counter inter-alia thus:
There was no sanctioned post of Full Time Sweeper in that school as per G.O.Ms. No. 583, Education-dt.23.04.1966. If at all a school is having
1500 students strength, a Full Time Sweeper post could be sanctioned. Accordingly, the third respondent prayed for dismissal of the writ petition.
The learned Counsel for the writ petitioner by drawing the attention of this Court to the appointment order dated 25.08.2007 issued by
Corporate Management, Kanyakumari Diocese, C.S.I., would submit that the very appointment order itself would demonstrate that the writ
petitioner was promoted and posted as Full Time Sweeper in the fifth respondent school with effect from the forenoon of 04.09.2000 in the place
of Mrs. K. Ronickam retired. The learned Counsel for the writ petitioner would also draw the attention of this Court to the proceedings in Na.Ka.
No. 8018/m4/2000 dated 30.12.2000 issued by the Chief Educational Officer, Nagercoil and argue that the Department itself sanctioned one post
of sweeper for that fifth respondent school. Despite serving the typed set containing that particular communication dated 04.01.2001, there is
nothing to point out that it should not be relied on. A cumulative reading of the appointment order issued by the fourth respondent and the
proceedings in Na.Ka. No. 8018/m4/2000 dated 30.12.2000 would demonstrate that earlier one Mrs. K. Ronickam was working as sweeper in
the fifth respondent school under the fourth respondent management and that she got retired also. In such a case, I could see no rhyme or reason
on the part of the authorities in simply rejecting the request of the management for regularizing the writ petitioner as Full Time Sweeper in that
sanctioned post.
The learned Counsel for the respondent No. 4 would substantiate that even while Mrs. K. Ronickam was working, the school strength was
below 1500 students, even then the Government recognized Mrs. K. Ronickam as Full Time Sweeper and extended all benefits to her and as
such, a fortiori, I could hold that the Government is not justified in carving out an exception as against the petitioner alone as set out in the counter.
In the result, this Writ Petition is allowed and the proceedings in Na.Ka. No. 4609.A1/2004 dated 10.06.2004 on the file of the third
respondent is quashed by directing the respondent Nos.1 to 3 to regularize the petitioner''s service with effect from the date of her appointment as
on 04.09.2000 as Full Time Sweeper in the fifth respondent school, with consequential benefits. No costs. Consequently, connected M.P. is
closed.