IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 5986 of 2007(K) ------------------------- PETITIONER: --------------- M.P.KRISHNAN, OPERATOR, DISTRIBUTION SECTION NO.3/1,WEST HILL, KERALA WATER AUTHORITY, KOZHIKODE. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP:BY THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REP:BY THE MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER,P.H.DIVISION, KERALA WATER AUTHORITY, KOZHIKODE. R1 BY GOVT.PLEADER SRI SHYSON P. MANGUZHA ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R2 TO R 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.5986/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER NO.E1.2431/78 DTD. 9/4/1986 ISSUED BY THE 4TH RESPONDENT. EXT.P2 TRUE COPY OF THE G.O(MS) NO.53/2005/WRD DTD. 21/10/2005. EXT.P3 TRUE COPY OF THE ORDER TD. 28/10/2005 ISSUED BY THE 2ND RESPONDENT. EXTP4 TRU COPY OF THE GOVT. ORDER DTD. 1/3/2006. EXT.P5 TRUE COPY OF THE ORDER DTD. 17/4/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE ORDERS OF THE EXECUTIVE ENGINEERS GRANTING TIME BOUND HIGHER GRADE IN VARIOUS DISTRICTS TO THE NMR WORKERS. EXT.P7 TRUE COPY OF THE JUIDGMENT IN W.P.(C).NO.21899/06; DTD. 24/8/06 ISSUED BY THIS COURT. EXT.P8 TRUE COPY OF THE REPRSENTATION DTD.21/8/06 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P9 TRUE COPY OF THE ORDER DTD. 9/11/2006 ISSUED BY THE 2ND RESPONDENT. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.5986 OF 2007 ---------------------------- DATED THIS THE 4TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner attained superannuation. He was working as an Operator. The prayer sought for in this writ petition is for a direction to the respondents to grant time bound higher grade in terms of Exts.P4 and P5 orders with effect from 10/3/96 and second higher grade with effect from 10/5/2004 and refund his pay and for other consequential reliefs. The petitioner also seeks to quash Ext.P9 order passed by the 2nd respondent. It is the case of the petitioner that 2nd respondent did not take into consideration the sanction accorded by the Government as well as the Water Authority for granting benefits of time bound higher grade to the NMR workers, who are absorbed in the regular establishment counting their pre-regularized service as well. 2. Petitioner was absorbed in the regular establishment with effect from 21/10/2005 and the date of absorption as NMR -2- W.P.(C).No.5986/2007 was with effect from 22/5/1990. According to the petitioner, he has got continuous service from 11/3/1986 and that the pre- regularized service is also permitted to be reckoned for the purpose of time bound higher grade. It is the case of the petitioner that he has completed 10 years of service as on 10/3/96 and 18 years as on 10/3/2004. Learned counsel brought to the attention of this Court the Government Order G.O.(Ms). No.30/08/WRD dated 167/2008 in which the Government ordered that the unqualified NMR workers are eligible for grade promotion on or after 21/10/2005. It is stated in the said G.O. that the Government have already agreed to count their prior NMR service for pension and time bound higher grade promotion vide Government Order G.O.(MS)No.48/07/WRD dated 7/8/2007. It is clarified by the present G.O. that those who are eligible for grade promotion by virtue of the earlier service can be granted TBHG with effect from 21/10/2005 or any subsequent date thereafter, subject to the completion of prescribed period of qualifying service fixed for grade promotion with monetary -3- W.P.(C).No.5986/2007 benefit from that date itself. Based on the said G.O. the Kerala Water Authority issued a circular dated 23-7-2008 stating that the grade sanctioned simultaneously on 21/10/2005 to those converted as NMR hands with effect from 01/4/1984 and those converted to NMR with effect from 22/5/1990 having monetary benefit from 21/5/2005 itself. It is also stated therein that grades sanctioned on a subsequent date will have monetary benefit from that date itself and that the grades sanctioned reckoning CLR/SLR service will have monetary benefit from 17/4/06. On the basis of the circular issued conferring the benefit to NMR workers including the petitioner, the 2nd respondent is directed to re-consider the case of the petitioner and pass appropriate orders within a period of six weeks from today. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.