IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 W.P(C).No. 22088 of 2008(D) -------------------------- PETITIONERS: ------------ 1. G.PAPPACHAN, OPERATOR (HG), KWA, WATER SUPPLY SECTION, PUNALLUR, UNDER P.H.D., ADOOR. 2. N.SATHEESAN, OPERATOR (HG), KWA, WATER SUPPLY SECTION, PUNALLUR, UNDER P.H.DIVISION, ADOOR. 3. K.PRASAD, USHA MANDIRAM, NETTAYAM, NEDIRA PO., ANCHAL, KOLLAM, (EX-OPERATOR (HG), KERALA WATER AUTHORITY WATER SUPPLY SECTION, PUNALLUR. UNDER PH DIVISION, ADOOR). BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR SRI.K.K.VIVEKANANDAN RESPONDENTS: ------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES (WSD) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. BY SRI. J. KRISHNAKUMAE, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22088/2008 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT The petitioners were initially appointed as CLR Operators and they were brought into the NMR category on 1.4.1984. The first and second petitioners are still in service and the third petitioner retired from service on 30.11.2007. The petitioners point out that the petitioners and similarly placed persons were brought into regular establishment service pursuant to a decision taken by the Government in 1983 that all the NMR employees of the erstwhile Public Health Engineering Department should be brought into regular establishment, when they complete five years of NMR service. The petitioners submit that several other NMR workers were brought into regular establishment on completion of five years of service, exempting them from technical and general qualifications and age limit and their pay was also fixed notionally, without arrears. Apparently, the petitioners are not given the benefit of the said decision. They point out that similarly situated persons had approached this W.P.(C).22088/2008 2 Court and their claim was directed to be considered under Exts.P3 and P4 judgments. Petitioners claim that they are similarly situated. 2. I heard learned counsel for the petitioners and the learned Government Pleader as also the learned Standing Counsel for the Water Authority. 3. In the result, writ petition is disposed of directing the petitioners to approach the first respondent with their claim, as mentioned above. If they file such a representation within one month from the date of receipt of a copy of this judgment, first respondent shall, after hearing the petitioners, take a decision on the claim made by the petitioners for absorption into regular service with effect from the date on which they complete five years as NMR operators. A decision shall be taken within three months from the date of receipt of a copy of this judgment. W.P.(C).22088/2008 3 Petitioners shall produce a copy of this judgment, along with a copy of the writ petition before the first respondent, for compliance. V.GIRI, Judge mrcs