IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WA.No. 2625 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.30320/2004 Dated 22/06/2006 .................... APPELLANTS/ RESPONDENTS IN THE WPC ------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA. BY SR. GOVERNMENT PLEADER, SRI.BENNY GERVASIS RESPONDENT/ PETITIONER IN WPC -------------------------------- PADMAVATHY, D/O.DAMODARAN, VALSALA NIVAS, S.N.NAGAR, MALAMPUZHA, PALAKKAD DISTRICT. ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.ANIL SIVARAMAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No.2625 OF 2007 ------------------------------ Dated this, the 13th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellants were the respondents in the Writ Petition. The respondent herein was the writ petitioner. She was a Casual Labour Roll worker (CLR worker) working under the appellants. For absorption of CLR workers, who have more than 500 days casual service, in the regular establishment and to accommodate persons with less than 500 days service as Seasonal Labour Roll workers (SLR workers), the Government issued Ext.P1 Government Order on 20.1.1990. The absorption was subject to the condition of availability of vacancies. The authority concerned invited applications from claimants, who claimed the benefit of Ext.P1. Last date for receipt of applications was 31.7.1992. The petitioner submitted the application within the said time limit. But, she was not included in the list of CLR workers prepared pursuant to the issuance of Ext.P1. Finally, as per the direction of this Court in Ext.P2 judgment, the petitioner's W.A. No.2625/2007 - 2 - claim was reconsidered and the Government by Ext.P3 order dated 11.9.2002 directed to include the respondent/petitioner in the list of eligible CLR workers and to absorb her as SLR worker. In the light of Ext.P3, the petitioner approached this Court claiming that Ext.P3 should be given retrospective effect from the date of submission of application by her. She also claimed absorption in regular establishment. The learned Single Judge, after hearing both sides, disposed of the Writ Petition, directing to absorb the respondent/petitioner as SLR worker with effect from 1.11.1992. Challenging the said direction, this Writ Appeal is preferred. 3. We heard the learned counsel on both sides. The learned senior Government Pleader, who appeared for the appellants, submitted that, even if, the respondent was included in the list of CLR workers eligible for absorption as SLR worker, she can be so absorbed only when vacancy is available. So, the direction issued is not justifiable. The learned counsel for the respondent supported the direction of the learned Single Judge. W.A. No.2625/2007 - 3 - 4. Since the respondent has not worked for 500 days as stipulated in Ext.P1, she is not eligible for absorption in the regular establishment. So, the said relief sought as prayer No.2 in the Writ Petition was not allowed by the learned Single Judge. As mentioned earlier, relief granted was absorption as SLR worker from 1.11.1992. We find considerable force in the submission of the learned Government Pleader. Even if, she was included in the list of CLR workers prepared pursuant to the applications received on or before 31.7.1992, she could be absorbed only as and when vacancy arises. The respondent has been included in the list of CLR workers as a person who has worked for 153 days. So, it can be assumed that her turn arose when another person included in the list having 153 days service or lesser than had been appointed as SLR worker after 31.7.1992. So, the absorption of the respondent under Ext.P3 shall be given retrospective effect from the date another worker similarly placed, who has got only 153 days service or lesser number of days' service was absorbed as CLR worker. The respondent shall be entitled to get all consequential benefits with effect W.A. No.2625/2007 - 4 - from that date without arrears of salary. She will be entitled to get salary from the date of Ext.P3. The judgment under appeal is modified and Writ Appeal is allowed as above. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps