IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 8735 of 2011(N) ------------------------------------- PETITIONER: ------------------- V.VELAYUDHAN, AGED 54 YEARS, S/O.KUNHUKUTTAN, PUMP OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, PONNANI, MALAPPURAM, RESIDING AT K.W.A. QUARTERS, NARIPARAMBA, PONNAI, MAKAPPURAM. BY ADV. SRI.U.BALAGANGADHARAN. RESPONDENTS: ------------------------ 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-695 033. 2. THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, EDAPPAL, MALAPPURAM-679 576. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.H.SUB DIVISION, PONNANI, MALAPPURAM-679 577. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, WATER RESOURCES DEPARTMENT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY SRI. C. UNNIKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8735/2011-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. KWA/HO/G1.1/10293/85 DT.D 02/05/1992 OF KERALA WATER AUTHORITY ALONG WITH THE RELEVANT PAGE OF THE SCHEDULE APPENDED THERETO. EXT.P.2: COPY OF THE ORDER NO. KWA/JB/E3.10911/2005 DTD. 28/11/2005, KERALA WATER AUTHORITY ALONG WITH THE RELEVANT PAGE OF THE SCHEDULE APPENDED THERETO. EXT.P.3: COPY OF THE COMMUNICATION DTD. 25/01/2006 ISSUED BY THE R.2. EXT.P.4: COPY OF THE LATEST SENIORITY LIST CIRCULATED BY THE R.1. WITH RELEVANT PAGE OF SENIORITY LIST DTD. 05/10/2009. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).19210/2010 DTD. 21/06/2010. EXT.P.6: COPY OF THE ORDER NO.810/2010 DTD. 15/07/2010 OF THE R.3. EXT.P.7: COPY OF THE POSTING ORDER DTD. 27/07/2010 BY THE R.3. EXT.P.8: COPY OF THE REPRESENTATION DTD. 21/02/2011 BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.8735 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2011 J U D G M E N T The petitioner seeks the following reliefs: (i) Writ in the nature of mandamus commanding the 1st 2nd and 3rd respondents jointly to grant all benefits consequent upon absorption of the petitioner to regular establishment as Pump Operator w.e.f. 1.4.84 notionally viz. revision of pay, revision of time bound higher grades, arrears of pay revision etc. to the petitioner as found in Exhibit -P6 in the light of Ext.P.1, P2, and P4; (ii) Writ in the nature of mandamus commanding the 2nd and 3rd respondents to re-fix the pay and allowances payable to the petitioner in the scale of pay of Rs.3440-5385 in the post of Pump Operator with effect from 1.4.1984 and further direct to disburse arrears thereto with interest from 21.10.2005; (iii) Writ in the nature of mandamus commanding the 2nd and 3rd respondent to process pension papers considering the petitioner as Pump Operator in the scale of pay of Rs.3440-5385 with effect from 1.4.1984 notionally; (iv) Declare that the petitioner is Pump Operator in the scale of pay of Rs.3440-5385 with effect from 28.10.2005 and he is further entitled for such other consequential benefits flowing therefrom; (v) Writ in the nature of mandamus commanding the 1st respondent to consider Exhibit-P7and pass necessary direction to the 2nd and 3rd respondent to give the benefit of absorption to regular establishment as Pump Operator to the petitioner with effect from 1.4.1984 and such other consequential benefits” The petitioner now confines his relief for a direction to the 1st respondent to consider and pass orders on Ext.P8 as W.P.(C)No.8735 of 2011 -2- expeditiously as possible. Having heard the counsel for the respondents also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P8 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/