IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 29057 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. N.P.AHAMMED KUTTY, KERALA WATER AUTHORITY, DISTRIBUTION NO.1, SECTION II, KWA, CALICUT-5. 2. K.VASUDEVAN, KERALA WATER AUTHORITY, DISTRIBUTION NO.1, SECTION II, KWA, CALICUT-5. 3. P.K.VASUDEVAN, KERALA WATER AUTHORITY, DISTRIBUTION NO.1, SECTION II, KWA, CALICUT-5. 4. K.P.DEVARAJAN, KERALA WATER AUTHORITY, DISTRIBUTION NO.1, SECTION II, KWA, CALICUT-5. 5. K.RATNAKARAN, KERALA WATER AUTHORITY, DISTRIBUTION NO.1, SECTION II, KWA, CALICUT-5. 6. S.T.STANLY, KERALA WATER AUTHORITY, DISTRIBUTION NO.1, SECTION II, KWA, CALICUT-5. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- 1. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS SECRETARY, WATER WORKS CAMPUS, TRIVANDRUM. 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1 GOVT. PLEADER SHRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 29057/2008 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DATED 23.6.88. P2. COPY OF THE RELEVANT EXTRACT OF THE GOVT. ORDER DTD.24.4.95. P3. COPY OF THE LETTER DTD.6.3.2000. P4. COPY OF THE GOVT. ORDER DTD.10.11.89. P5. COPY OF THE LETTER DTD.11.7.90. P6. COPY OF THE JUDGMENT IN O.P.No. 22957/01 OF THIS COURT. P7. COPY OF THE ORDER IN I.A.NO.4822/07 IN O.P.No. 22957/01 OF THIS COURT. P8. COPY OF THE GOVT. ORDER DTD.20.8.07. P9. COPY OF THE ORDER DTD.25.10.07 OF R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 29057 of 2008 ================== Dated this the 7th day of September, 2010 J U D G M E N T The petitioners originally joined service in the Kozhikode Corporation as provisional pipeline fitters. By Ext.P1 Government order dated 23.6.1988, their services were regularised as plumbers. Subsequently when the Kerala Water Authority was formed under the Water and Sewerages Act, 1986, by virtue of Section 18 thereof, the petitioners became the employees of the Kerala Water Authority with effect from 1.4.1989. By Ext.P3 letter dated 6.3.2000, the Executive Engineer of the Kerala Water Authority, Calicut, held that the Secretary of the Kozhikode Corporation has reported that the services of the petitioners have been regularised in the category of plumbers as on 10.11.1989 and not 23.9.1988. Apparently this was based on the fact that it was by Ext.P4 dated 10.11.1989, the Government had directed regularisation of the petitioners as plumbers of the Municipal Common Service. By Ext.P5 Government order, the Government informed the Director of Municipal Administration that Ext.P4 order need be given effect to, only with effect from 10.11.89 and it shall not have any retrospective effect. Those orders were challenged by the petitioners in O.P.No.22957/2001, wherein, this Court held that there is no justification in limiting the benefit of regularisation with effect w.p.c.29057/08 2 from 10.11.1989 and the petitioners should be entitled to the benefits of regularisation with effect from 23.6.1988, viz., the date of Ext.P1. Accordingly, the Government order contrary to the same was quashed and the State of Kerala was directed to pass fresh orders in the matter, adverting to the contentions taken by the petitioners, noting that once there is an order of regularisation in service, there is no justification in denying effect of regularisation from that date of regularisation. Apparently, that judgment was rendered in respect of the claim of the petitioners for higher grade pursuant to Ext.P2 order of the Government of Kerala revising the scales of pay of employees of the Kerala Water Authority, in which, the periodicity of time bound higher grade promotions were also refixed as 10 and 18 years. Pursuant to Ext.P6 judgment, the Government passed Ext.P8 order, wherein, the Government directed that the petitioner' request for higher grade counting their service from 23.6.1988 shall be considered if the Kerala Water Authority has reckoned similar prior service in other cases for such benefits. Apparently based on the same, Ext.P9 order has been passed by the Water Authority rejecting the claim of the petitioners for higher grade taking into account their date of regularisation as 23.6.1988. The petitioners are challenging Exts.P7 and P9 orders seeking the following reliefs: “(i) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction calling for the records relating to Ext.P7 and Ext.P8 and w.p.c.29057/08 3 quash the same as illegal. (ii) Declare that the petitioners are entitled to 1st time bound higher grade in accordance with Exhibit P2 on 23.6.1998 on completion of 10 years service reckoned from Exhibit P1. (iii) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the 1st respondent to sanction and effect payment of 1st time bound higher grade in accordance with Exhibit P2 on 23.6.1998 on completion of 10 years service reckoned from Exhibit P1 with arrears and interest at 12% per annum till payment.” 2. A counter affidavit has been filed by the Kerala Water Authority supporting the impugned orders. 3. I have considered the rival contentions in detail. 4. I do not think that after Ext.P6 judgment, the respondents can take a stand that the regular service of the petitioners starts only from 10.11.1989 and not 23.6.1988 insofar as this Court has already declared that their regular services started with effect from 23.6.1988. That judgment has become final. That being so, the petitioners are entitled to all service benefits reckoning their date of regularisation as plumbers as 23.6.1988. Consequently, they are entitled to time bound higher grades on completing 10 and 18 years from that date. The respondents cannot deny such benefits to the petitioners on the ground that previously, for giving time bound higher grade to employees of the Kerala Water Authority, service had not been reckoned from the previous date. In the above circumstances, Exts.P8 and P9 orders are quashed. It is declared that the petitioners are w.p.c.29057/08 4 entitled to time bound higher grades on completing 10 and 18 years from 23.6.1988. Consequent orders shall be passed accordingly by the 1st respondent revising the petitioners' pay in accordance with Ext.P2 pay revision order, giving them time bound higher grade benefits on completion of 10 and 18 years from 23.6.1988. Orders in this regard shall be passed and arrears paid to the petitioners, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge