IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5946 of 2009(K) -------------------------------------- PETITIONER(S): ---------------------- UNNIKRISHNAN BHAGAVATHI KANDIYIL, S/O. PADMANABHAN NAIR, BHAGAVATHI KANDIYIL HOUSE, POST PURAKKAD, VIA PAYYOLI, KOZHIKODE 673 522. NOW WORKING AS WATCHMAN, KERALA WATER AUTHORITY, KOZHIKODE BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------- 1. MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, KERALA WATER AUTHORITY, NORTHERN REGION, MALAPARAMBA, KOZHIKODE 673 009. 3. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H. DIVISION, KOZHIKODE 673 009. 4. ASSISTANT EXECUTIVE ENGINEER, DISTRIBUTION SUB DIVISION NO.II, KERLA WATER AUTHORITY,KOZHIKODE- 673 005. 5. DIRECTOR OF TECHNICAL EDUCATION, THIRUVNANTHAPURAM. 6. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF WATER RESOURCES, THIRUVANANTHAPURAM. 7. CHIEF ENGINEER, KERALA WATER AUTHORITY, HEAD OFFICE, THIRUVANANTHAPURAM. BY ADV. MR.J.KRISHNAKUMAR, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.5946 of 2009 --------------------------------------------------- Dated this the 25th day of February, 2009 JUDGMENT The main prayer sought for in the writ petition is for a direction to the first respondent to promote the petitioner by transfer as Operator with effect from 24.11.2006. The alternative relief sought is for a direction, to direct the first respondent to consider the request of the petitioner for promotion to the post of Operator by transfer as evident by Exts.P3 and P5. 2. Particulars of the petitioner show the following. He is now working as Watchman in the Kerala Water Authority. He was appointed as such on 15.3.2006 and subsequently he was regularised in the post on 18.4.2007. His probation in the post was declared as per order No.E3-313/04 dated 21.6.2007. 3. The Kerala Water Authority invited applications from eligible candidates from the last grade employees of the organisation for appointment to the post of operator by transfer. The petitioner has passed S.S.L.C and Automobile Engineering Certificate Examination conducted by the Department of Technical Education, are evidenced by Ext.P1 certificate. Even though, a preliminary list (Ext.P2) was published as per Circular dated 24.11.2006, petitioner's name was not included in the list. Subsequently, the petitioner submitted Ext.P3 representation. The petitioner has produced Exts.P4 and P5, wpc:5946 of 2009 2 which will evidence the fact that there is a positive recommendation for passing orders. 4. Heard the learned standing counsel appearing for the respondents 1 to 4 and 7. It is pointed out that the 7th respondent in the competent authority to pass orders in the matter. 5. Therefore, there will be a direction to the 7th respondent to consider the request of the petitioner for appointment by transfer as Operator, especially in the light of Ext.P5 recommendation within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps