IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 21933 of 2007(J) ------------------------------- PETITIONERS: ---------------- 1. SREEKUMAR, HARI BHAVAN, CHITTAZHA, VATTAPPARA P.O., THIRUVANANTHAPURAM DIST. (PUMP OPERATOR, GOVERNMENT ENGINEERING COLLEGE, THIRUVANANTHAPURAM.) 2. SANAL KUMAR, PLAVILA PUTHEN VEEDU, MOONNAMMOODU, KODUNGANOOR P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHEER RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THIRUVANANTHAPURAM. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21933/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(MS) 117/98/H.EDN DTD. 28.9.98. EXT. P2 : COPY OF REPRESENTATION DTD. 1.12.98 FILED BY PETITIONERS BEFORE THE HON'BLE MINISTER FOR PWD. EXT. P3 : COPY OF REPRESENTATION DTD. 12.12.98 FILED BY PETITIONERS BEFORE PRINCIPAL, GOVT. ENGINEERING COLLEGE, THIRUVANANTHAPURAM. EXT. P4 : COPY OF REPRESENTATION FILED BY PETITIONERS IN NOV 1999 BEFORE HON'BLE MINISTER FOR FINANCE. EXT. P5 : COPY OF G.O.(MS) 41/06/H.EDN DTD. 1.3.06. EXT. P6 : COPY OF G.O.(MS) 68/07/H.EDN DTD. 26.4.07. EXT. P7 : COPY OF REPRESENTATION DTD. 21.5.07 FILED BY PETITIONER BEFORE HON'BLE CHIEF MINISTER FOR KERALA. EXT. P8 : COPY OF LETTER No.ED2/23868/07 DTD. 31.3.10 ADDRESSED TO R2. EXT. P9 : COPY OF CIRCULAR No.ED2/112562/11 DTD. 4.10.11. EXT. P10 : COPY OF RELEVANT EXTRACT OF G.O.(Rt) 19/11/P&ARD DTD. 19.1.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21933 OF 2007 --------------------------------------- Dated this the 29th day of November, 2011. J U D G M E N T The petitioners herein are working as Pump Operators in the Government Engineering College, Thiruvananthapuram, under the Technical Education Department. They initially entered service on daily wage basis. The petitioners are seeking for a direction to the respondents to regularise the service rendered by them as Pump Operators. 2. In the counter affidavit filed on behalf of the 1st and 2nd respondents, it is averred that the Principal or the Director of Technical Education is not having any authority to regularise the service of the personnel working on daily wages. Ext.P7 representation filed by the petitioners has been received in the Government and on receipt of such representation, the Director of Technical Education has to submit a report and forward W.P.(C) No.21933/2007 2 necessary proposals. But so far, the proposals have not been received from the Director of Technical Education seeking regularisation of the petitioners. The request of the petitioners can be examined only after the receipt of report of the Director of Technical Education seeking regularisation of the service of the petitioners. 3. Learned counsel for the petitioners relied upon the communication Ext.P8 dated 31.03.2010 issued by the Director of Technical Education addressed to the Principal Secretary to Government, Higher Education (J) Department. Therein, in the last paragraph, it is stated about the Pump Operators that they have been working from December 1997 onwards on daily wage basis. It is also requested that a decision can be taken at the Government level. In that view of the matter, this writ petition is disposed of directing the Government to take a decision on Ext.P7 representation, with notice to the petitioners, within a period of four months from the date of receipt of a copy of this judgment. The claim for regularisation will be considered in accordance with W.P.(C) No.21933/2007 3 law. Since the petitioners are stated to be continuing as on today, the arrangement will be continued. T.R. RAMACHANDRAN NAIR JUDGE smp