IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21337 of 2008(M) PETITIONERS: ------------ 1. K. VASU, S/O.KANNAN, KUYIPPILLIL HOUSE, ELATTERY, P.O. MELUR, KOILANDY, KOZHIKODE, (EX-NMR PUMP OPERATOR, PH SECTION NO. 1, KERALA WATER AUTHORITY, KOILANDY) 2. BALAN NAMBIAR.P, S/O. KUHIRAMAN NAMBIAR, THEKKEYIL HOUSE, BALUSSERY.P.O, KOZHIKODE (EX-NMR PUMP OPERATOR, PH SECTION NO.1, KERALA WATER AUTHORITY, KOYILANDY) BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS: ------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES (WSD) DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. BY SRI.J.KRISHNAKUMAR - SC WA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.21337 of 2008 M ------------------------- Dated this the 16th day of July, 2008. JUDGMENT The petitioners were initially appointed as CLR pump operators and they were brought into the NMR category on 1.4.1984. The 1st petitioner retired from service on 31.8.1985 and the second petitioner retired from service on 30.6.1985. 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 5 years of NMR service. The petitioners submit that several other NMR workers were brought into regular establishment on completion of 5 years of service, exempting them W.P.(C).NO.21337/08 :: 2 :: 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 court and their claim was directed to be considered under Exts.P3 and P4 judgments. The 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, the writ petition is disposed of directing the petitioners to approach the 1st 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, the 1st respondent shall, after hearing the petitioners, take a decision on the claim made by the petitioners for W.P.(C).NO.21337/08 :: 3 :: absorption into regular service with effect from the date on which they complete 5 years as NMR operators. A decision shall be taken within three months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment, along with a copy of the writ petition before the 1st respondent, for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge